These Terms of Use (“Terms,” “Terms of Use“) govern your use of the Herman Survivor® Boots website (the “Site“) and our online store services (the “Services“). Our Privacy Policy also governs your use of the Site and Services and is incorporated by reference into these Terms.
Please read these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use the Site or Services.
1. Overview
The Site and Services are operated by Herman Survivor® Boots (“Herman Survivor®,” “we,” “us,” and “our“). We are a premium work and outdoor footwear company.
The Site allows users to learn about our products, make purchases, interact with our blog and engage with the Herman Survivor® brand.
2. Age Restrictions
The Site and Services are intended for those over the age of 18. If you are under 18, you may only use the Site and Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you do not qualify, please do not use the Site or Services.
3. Account Registration
Certain features and areas of the Site and Services require registration for an account. When you create an account, you agree to provide accurate and complete information about yourself, and to promptly update any information provided so that it remains accurate and complete.
You are responsible for maintaining the confidentiality of your username and password and for any activities or actions under your account. You agree to immediately notify us of any unauthorized use of your username, password, or account.
We reserve the right to terminate accounts that are inactive for an extended period of time.
4. Order Processing and Payment
Order Acceptance. All orders for products are subject to acceptance and availability. Prices and availability may vary. We may reject any orders in our sole discretion.
Payment. You agree to pay the prices displayed on the Site for any products or services purchased. Taxes and shipping costs are additional. We may change prices at any time.
Automatic Renewal. Any recurring order or subscription you place will automatically renew at the end of the applicable cycle unless you cancel prior to that renewal.
5. User Content
User Content Definition. “User Content” refers to all content submitted or made available by users on the Site or through the Services. User Content includes things like product reviews, forum/community posts, videos, photos, etc.
License Grant. By posting or submitting User Content, you grant us an unlimited, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, edit, modify, prepare derivative works from, reproduce, distribute, perform, display publicly, and otherwise exploit that User Content in connection with the Site, Services and our (and our successors and assigns) business, including without limitation for promoting, marketing, and redistributing part or all of the Site or Services.
User Content Standards. You agree not to submit or transmit any User Content that: (i) infringes or violates the intellectual property rights or any other rights of any third party; (ii) violates any law or regulation; (iii) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable; or (iv) contains or installs any viruses, worms, malware, Trojan horses, or other content that may harm the Site or Services. We may remove any User Content from the Site or Services at our discretion if we determine it objectionable.
6. Copyrights
Our Site design, text, graphics, interfaces, and images are subject to copyright and other intellectual property laws. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Site or Services.
If you believe your work has been improperly used on the Site or Services in a way that constitutes copyright infringement, please provide notice in accordance with the Digital Millennium Copyright Act.
7. Trademarks
Our Trademarks. “Herman Survivor® Boots,” the Herman Survivor® logo, and other marks are trademarks or registered trademarks of Herman Survivor® Boots. You may not use our trademarks or service marks in connection with any product or service without our prior written consent.
Third Party Trademarks. Third party names and logos appearing on the Site or Services may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with Herman Survivor® Boots.
8. Conduct Prohibited Activities
You agree not to do any of the following:
- Post, upload, or distribute marketing or advertising content that mentions our competition or relates to any of our competitors’ products or services.
- Make any speculative, false, or fraudulent purchase or order.
- Copy, reproduce, modify, distribute, display, or otherwise provide access to any portion of the Site or Services.
- Reverse engineer, decompile, disassemble, translate, or attempt to discover the source code of any portion of the Site or Services.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or disguise the origin of any content.
- Violate the restrictions in any robot exclusion headers or circumvent other measures employed to prevent or limit access to the Site or Services.
- Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure.
- Interfere with the proper operation of the Site or Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site or Services through hacking, password or data mining, or any other means.
9. Indemnification
You agree to hold harmless, release, defend and indemnify Herman Survivor® Boots and its officers, directors, employees, consultants, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (a) your access and use of the Site and Services; (b) any User Content you submit, post, transmit through, or otherwise make available; and (c) your violation of these Terms.
10. Disclaimers
No Warranties. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HERMAN SURVIVOR® BOOTS, ITS AFFILIATES, SERVICE PROVIDERS OR VENDORS, OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE LAW.
Accuracy of Information. Although we aim to provide accurate information through the Site and Services, the information may contain errors or inaccuracies. We do not independently verify or guarantee the accuracy or completeness of any information made available through the Site or Services. You assume full responsibility and risk of loss resulting from your use of or reliance on information provided through the Site or Services.
Links. The Site and Services may contain links to websites or services operated by third parties. Herman Survivor® Boots does not control such third party sites or services and is not responsible for their availability, content, advertising, products, or any other material. Your use of third party sites or services is at your own risk and subject to the terms and conditions of such third party sites or services.
11. Limitation on Liability
IN NO EVENT WILL HERMAN SURVIVOR® BOOTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HERMAN SURVIVOR® BOOTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
THE TOTAL AGGREGATE LIABILITY OF HERMAN SURVIVOR® BOOTS ARISING FROM OR RELATED TO THESE TERMS OR THE SITE OR SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU FOR USE OF THE SITE OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS OVERALL LIMIT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Governing Law
These Terms and any dispute or claim you may have against Herman Survivor® Boots arising from these Terms or our Site or Services will be governed by the laws of the State of Wisconsin, United States, without regard to its conflict of law provisions.
You agree that any claim or dispute you may have against Herman Survivor® Boots must be resolved by a federal or state court located in Dane County, Wisconsin. You agree to submit to the personal jurisdiction of courts located in the State of Wisconsin for the resolution of all such claims and disputes.
13. Changes and Updates
We reserve the right to modify these Terms at any time. Updated versions will be marked with an updated effective date. Your continued use of the Site or Services constitutes acceptance of any modifications.
The updated effective date shown at the top of these Terms indicates when the latest modifications were made. We encourage you to periodically review these Terms to stay informed about how we collect, use, and share information.
14. Severability
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
15. Entire Agreement
These Terms constitute the entire agreement between you and Herman Survivor® Boots with respect to your use of the Site and Services and supersede any prior agreements.
The section headings are provided merely for convenience and will not be given any legal import.
