Terms of Sale
1. General
These Terms of Sale govern your purchase of merchandise from KEEN Footwear through the usa-keen.com website (the “Site”). By placing an order through the Site, you agree to be bound by and accept these Terms of Sale. These Terms of Sale are subject to change without prior notice at any time, in our sole discretion. By ordering from us, you agree to the Terms of Sale posted on the Site at the time of your order. We may revise these Terms of Sale from time to time by updating this posting. The terms “KEEN,” “we,” “us,” and “our” refer to KEEN, Inc. The terms “you” and “your” refer to the user and customer ordering merchandise through the Site.
2. Products and Orders
All orders are subject to acceptance and availability. KEEN reserves the right to refuse any order placed on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event we make a change to an order, we will attempt to notify you. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site.
All features, specifications, products, and prices of products and services described on the Site are subject to change at any time without notice. We reserve the right to make changes to the Site, policies, and these Terms of Sale at any time. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotion; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
3. Pricing and Billing
We strive to display accurate price and product information. However, we cannot guarantee that the Site will be error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel any orders placed for that product.
Prices are shown in U.S. dollars. If you are not a resident of the United States, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information.
4. Shipping and Risk of Loss
Title and risk of loss for all merchandise ordered on the Site will pass to you upon our delivery of the merchandise to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We reserve the right to ship partial orders.
5. Returns and Exchanges
Please review our Return Policy, which is incorporated into these Terms of Sale by reference.
6. Disclaimer and Limitation of Liability
KEEN DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONING OR THE CONTENT AND SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KEEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KEEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, SERVICES, PRODUCTS, OR SOFTWARE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
7. Indemnification
You agree to indemnify, defend, and hold harmless KEEN and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of the Site, your conduct in connection with the Site, or any violation of these Terms of Sale, any law, or the rights of any third party.
8. Governing Law and Dispute Resolution
These Terms of Sale and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law principles. Any dispute relating in any way to your use of the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court.
9. Miscellaneous
If any provision of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. These Terms of Sale and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and KEEN and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and KEEN.