PRIVACY POLICY

Oboz Footwear LLC (the “Company”) respects your privacy and the security of your personal data.  This Privacy Policy explains how we treat and safeguard personal information.  Please read this Privacy Policy carefully prior to your access to and/or use of www.obozfootwear.com (the “Website”).  If you do not agree with the terms of the Privacy Policy, please do not use our Website.

By using this Website, you are accepting the practices described in this Privacy Policy and the Terms of Use.  This Privacy Policy is subject to the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities.  All capitalized terms not defined in this Privacy Policy have the meaning set forth in the Terms of Use.

Collected Information

The Company does not collect personally identifying information about any individual Website user except when knowingly provided by such individual.  For example, we may ask you for information, such as your name, email address, or other personal details when you register to become a member of the Website.  You may also provide information to the Website in order to enter into a sweepstakes or promotion.  We also at time might supplement the data you provide to us with data from data append services.  You always have the option not to provide the information we request.  If you choose not to provide such information, you can still visit the Website, but you may be unable to access certain parts of the Website.

Data Analytics

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive.  The Company uses cookies to track web and advertising analytics throughout the Website and to store preferential information about you.  The data read from these cookies may be linked to personally identifying and non-personally identifying information.

You may reset your browser to refuse all cookies or to allow your browser to alert you when a cookie is set.  However, if you select these settings you may be unable to access certain parts of the Website.

Web beacons, also known as pixel tags and clear GIFs, are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites.  Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the web beacons are placed.  We may use web beacons in order to recognize users, assess traffic patterns, identify preferred content and measure site interaction.

We may also use a reputable third party to collect information, including through the use of web beacons, browser cookies and other tracking technologies.  We may collect via web beacons various data provided by your browser while you are on our site and elsewhere where we may be acting as a third party.  This data is collected in the aggregate but may include or be associated with other non-personally identifiable information (PII) or PII that users have voluntarily submitted.

The Website and ad servers log information about a site user’s IP address, browser type and the current URL the user is requesting.  This information is always provided by each and every user’s browser.  These log files are stored in a secure location and used—in an aggregated, anonymous manner—in our internal analysis of traffic patterns within our Website.  This information is automatically logged by most websites.

Use of Information

We collect user information to enhance your experience on our Website.  We use aggregated (gathered up data across all user accounts) information to develop content targeted to users’ interests and to better the Website user experience.

We use data analytics collected by the systems described above to develop and provide content and advertising that is targeted to your interests.  Such technology is used to determine which areas of our Website you prefer based upon the frequency of your visits and engagement with those areas.  We may make assumptions based on your browser provided data to target relevant content and advertising to you.  We may also make geographic and demographic assumptions based on your presented IP address to target relevant content and advertising.

To enhance your experience, we may provide you with interactive communications or emails to the email address that you provide to us.  Such communications are provided only to users who have expressly provided us with their permission to receive them as part of their user profile.

We respect the privacy of our users and will not disclose or distribute our user list to any third party, nor permit anyone else to do so, without a user’s express permission.  We may make available for rental our list of those users who have expressly provided us with their permission to receive third party offers as part of their user profile.  In those cases, your email address will be transferred to the third party for one time use.

Registered users may change the information stored in their member profile and may elect to stop receiving marketing material from the Company or on behalf of external third party business partners.  You may also request to delete your personal account if you wish to do so.  Please email us at the contact information included below.

Sharing of Information

When you are on an area of the Website and are asked for personal information, you are sharing that information with the Company, as well as its business partners and vendors.

We use third parties to provide credit card processing, email service providers and hosting services on our site.  When you sign up for such services, we will share your personally identifiable information as necessary for the third party to provide that service. These third parties are prohibited from using your PII for any other purpose.  If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service.  In addition, if you provide any PII via an advertiser promotion, please be aware you are directly providing your PII to that advertiser.

From time to time we may provide you the opportunity to participate in contests or surveys on our site.  If you participate, we will request certain PII from you, such as your name and email.  Participation in these surveys or contests is completely voluntary, and you therefore have a choice whether or not to disclose this information.  We may use this PII to notify contest winners and award prizes.

We may also use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ PII for any other purpose.  We will not share the PII you provide through a contest or survey with other third parties unless we give you prior notice and an opportunity to opt out.

We may also have features that allow you to send an email to yourself and/or others about an item on our site.  If you choose to use our email referral service, you will be required to provide the email address or addresses that will be used in the notification. Upon form submission, an email will be generated to your recipient(s) inviting them to visit the URL you have recommended.  We may not store this information other than for the sole purpose of sending this one-time email.

Information Provided to Advertisers

The Company derives the majority of its revenue from advertising and sharing information is essential to keeping our services affordable to users.  In order to attract and retain advertisers, we use the aggregated, anonymous information that we gather (as well as information from third-party market researchers) to describe our services to partners and to assist our advertisers and sponsors to better understand our audience.  We only share PII with advertisers when users have expressly provided us with their permission to receive third party offers as part of their user profile.

As Necessary to Provide Services to You

We may occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of newsletter mailings, processing transactions, or performing statistical analysis of our services.  We will only provide those companies the information they need to deliver the service.  In some instances these companies may collect information directly from you.  In these cases, you will be notified of the involvement of the external service provider.  In all cases, these companies are subject to agreements that require them to maintain the confidentiality of your information, and they are prohibited from using that information for any other purpose.

Security

The Company uses commercially accepted security measures to protect any personal information provided by you to this Website.  Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect your submitted information, we cannot guarantee or warrant the security of any information you transmit to our Website, and you do so at your own risk.  We will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate personal information.

The Company urges you to keep your password in a safe place and not to divulge it to anyone.  Remember to log off your account and close your browser window when you have finished your visit to our Website.  This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else.

Link to Third Party Websites

The Website is linked to third party websites which are not maintained by the Company.  Such third party websites are not under the Company’s control, and the Company is not responsible or liable for and does not warrant the contents of, technology implemented by, or privacy practices of any such linked website.  You should review the privacy policy and terms of use for each of these websites to make sure they are acceptable to you prior to your use.

Enforcement of Law

We will disclose PII upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation.  We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.

In the Event of Merger, Sale or Bankruptcy

In the event that the Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes to this Privacy Policy

The Company reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time.  Updates to this Privacy Policy will be posted here.  You are encouraged to visit this Privacy Policy from time to time in order to review any changes that have been made.  Your continued use of the Website following the posting of any such changes will automatically be deemed to constitute your acceptance of all changes.  The Company’s last update to this Privacy Policy was made and posted on March 18, 2013.

Questions or Concerns

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via any of the methods set forth below:

Oboz Footwear

411 West Mendenhall St.

Ste. B

Bozeman, MT 59715

info@obozfootwear.com

Welcome to Obozfootwear.com. Obozfootwear.com provides its services to you subject to the following conditions. If you visit Obozfootwear.com, you accept these conditions. Please read them carefully.

Warning:

Backpacking, Rock Climbing, Mountaineering, Backcountry Skiiing and ALL mountain activities imply many hazards which could result in serious injury or death. All participants in these activities must assume responsibility for themselves, their safety and their actions. The information on Obozfootwear.com is NOT intended to serve as an instruction manual for these activities and is NOT a substitute for proper training and instruction.

THERE ARE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT INFORMATION PROVIDED AT THIS WEB SITE IS ACCURATE OR RELIABLE. THERE ARE NO WARRANTIES OF FITNESS OR TIMELINESS FOR A PARTICULAR PURPOSE OR THAT THIS WEB SITE IS MERCHANTABLE. YOUR USE OF THIS WEB SITE INDICATES YOUR ASSUMPTION OF THE RISK THAT IT MAY CONTAIN ERRORS AND IS AN ACKNOWLEDGMENT OF YOUR OWN SOLE RESPONSIBILITY FOR YOUR HIKING, BACKPACKING, AND MOUNTAINEERING SAFETY.

Regarding your account with us

If you use this site, you are responsible for maintaining the secrecy of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Obozfootwear.com reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Accuracy of Product Descriptions

Obozfootwear.com attempts to be as accurate as possible. However, Obozfootwear.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

Disclaimer of warranties and limitation of liability

THIS SITE IS PROVIDED BY OBOZFOOTWEAR.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. OBOZFOOTWEAR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OBOZFOOTWEAR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OBOZFOOTWEAR.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OBOZFOOTWEAR.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OBOZFOOTWEAR.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Application of Law

By visiting Obozfootwear.com, you agree that the laws of the state of Montana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Obozfootwear.com.

Other policies, modifications and severability

Please review our other policies, posted on this site. These policies also cover your visit to Obozfootwear.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

FREQUENTLY ASKED QUESTIONS

THE FIT OF OBOZ

• How do Oboz shoes fit?

The best way to get shoes to fit correctly is to find one of our retailers, have them measure your foot using a Brannock device, and try on our shoes.  If this option is not available, then we advise people to order our shoes online based on their normal size in other outdoor footwear brands.  If you have worn Oboz previously, it’s generally safe to order the same size with any other model in our line.  Stick length (the actual length from heel to toe) is the same on all men’s size 9, for example, but you probably will be able to detect some differences in fit even with the length being identical.

These differences come from a variety of sources:
-the materials & design of the upper
-the last (the part used in manufacturing that will give shape to the shoe)
-the insoles that come stocked in Oboz
-the midsole material and design
-the outsole material and design

• Do you make wide width shoes?

We do not currently manufacture shoes in a wide or narrow width. All our styles are currently built on medium width lasts. This means somewhere between a C and D for men and between a B and C for women.

• What sizes do Oboz come in?

We currently make all of our women’s shoes in sizes 6 through 11. All of our men’s shoes come in sizes 8 through 11, plus size 12, 13 and 14.

OBOZ TECHNOLOGY

• What is “BDry?”

BDry is a proprietary membrane, laminated to the liner of our waterproof shoes. It provides breathability (vapor permeability outward), while being water-proof from the outside. Please see the section on caring for and cleaning your Oboz for further information.

• What is the difference between a Strobel Lasting and Board Lasting?

Strobel Lasting v. Board Lasting: They are both methods of construction – and refer to the “board” that forms the base of the upper of the shoe. In strobel construction, the board is softer and stitched to the upper. In board lasting construction, the board is firmer and is cemented to the upper. Board lasting is common is heavier and/or stiffer shoes and boot. Strobel construction is common in lighter, more “athletic” shoes, i.e. running shoes.

USE AND CARE FOR YOUR OBOZ

• How should I care for and clean Oboz shoes?

We recommend using a warm damp washcloth with mild detergent to clean the shoes and then letting them air dry away from high heat. Do not put them in the dryer. For our waterproof leather styles, we recommend using a leather treatment – most outdoor specialty shops carry a variety of high quality options. For more information, check out our Care and Feeding information page.

• What socks do you recommend to wear with your shoes?

Any good non-cotton, wicking, mid-weight sock will do fine. Please see your specialty outdoor retailer for suggestions.

• Are your footbeds removable to accommodate custom orthotics?

Yes, you can remove our footbeds and replace them with orthotics.

WARRANTY ISSUES

• What is the Oboz warranty policy?

Oboz shoes are covered by a limited 1-year warranty against manufacturing defects in materials and workmanship. Damage that is due to normal wear & tear, abuse or accidents is not covered by this warranty. If you think you have an issue covered by our warranty, please take your shoes to the Oboz retailer where they were purchased for evaluation. We find this to be the most efficient method for handling a warranty claim, but we can certainly evaluate your claim directly if is challenging for you to get back to the retailer. If you need to process a warranty directly with Oboz, please send us an email with the following information:
1. Date of purchase
2. PO# (this can be found on the inside of the tongue under the compass)
3. Size (this can also be found inside the tongue in the compass)
4. A description of the problem and/or a photo of the problem
5. Approximate mileage if known

Please note that we cannot give a refund for warranties processed directly through us because we did not process the original transaction.

• Can I get replacement laces?

If you need replacement laces for your Oboz, please send us an email with your style # (this found on the inside of the tongue and is the first five numbers in the PO#), size (this can also be found inside the tongue in the compass), reason you need a replacement set, and address of where to send the laces.

• Can I get replacement footbeds?

At this time, we don’t have any footbeds available beyond the ones that come stocked in our shoes.

GENERAL

• Where are your shoes made?

We manufacture our shoes and their components in Asia. Please see our Manufacturing Code of Conduct for more information.

• Where is the tree for my pair of shoes being planted?

We plant our trees through an organization called Trees for the Future. Trees for the Future has given communities around the world the gift of trees through seed distribution, agroforestry training, and hands-on assistance. Over the years, Trees for the Future has aided 12,000 communities in planting millions of trees, restoring life to land that was degraded, abandoned or unproductive. The trees provide food, fuel, and medicine to the community and create beneficial biodiversity for the landscape. For more information about where Trees for the Future is planting trees, click here.

• I have a specific medical condition. Will your shoes be right for me?

Sorry, but we cannot offer or make any claims about the ability of our shoes to meet the needs of special medical conditions. Please see your doctor or care giver for recommendations.

• Can I purchase a single shoe from Oboz?

Our shoes are only available in full pairs. If you need only one single shoe, we recommend contacting the National Odd Shoe Exchange.

• Do you make any Vegan shoes?

We do not currently offer any shoes that we consider Vegan. There are some animal proteins in certain adhesives, and we cannot guarantee that our adhesives are free of these at this time.

• Will you sponsor me, my team or my event?

We are not currently accepting sponsorship applications.

• Are you hiring?

To see current job openings at Oboz, please visit Careers.

TERMS OF USE

Welcome to our website, www.obozfootwear.com.com (the “Website”).

Please take a few moments to review these Terms of Use.  By using our Website you are agreeing to comply with and be bound by these Terms of Use.  If you do not agree to comply with and be bound by these Terms of Use, you may not use this Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  In all cases, you affirm that you are over the age of 13, as the Website is not intended for people under 13. If you are under 13 years of age, please do not use the Website.

Modification of These Terms of Use

This Website is owned by Oboz Footwear LLC (the “Company”).  The Company reserves the right, at its sole discretion, to update or modify these Terms of Use at any time and from time to time without prior notice.  Any such modifications will become effective immediately upon posting.  We suggest that you review these Terms of Use whenever you use the Website to keep yourself apprised of any changes.  Your continued use the Website following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use.

Warning

Backpacking, rock climbing, mountaineering, backcountry skiing and ALL mountain activities present many hazards that could result in serious injury or death. All participants in these activities must assume responsibility for themselves, their safety and their actions. The information on obozfootwear.com is NOT intended to serve as an instruction manual for these activities and is NOT a substitute for proper training and instruction.

Accuracy of Product Descriptions

We attempt to be as accurate as possible on our Website; however, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in an unused condition.

Intellectual Property

This Website contains information, data, text, software, images, illustrations, artwork, photographs, pictures, logos, icons, videos, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, service marks, trade dress and other intellectual property rights.  Unless otherwise noted on this Website, all right, title and interest (including all copyrights, trademarks, service marks, trade dress and other intellectual property rights) in and to the Content is owned by the Company and/or its subsidiaries, affiliates, assigns, licensors or other parties who have licensed their material to the Company.  Unless other specific restrictions are noted on the Content, you may use the Content solely for your personal, non commercial use and may download, print or make copies of insignificant portions of the Content for your personal, non commercial use, so long as you (a) maintain and do not remove or obscure any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices, (b) make no modification to the Content, and (c) do use the Content in a manner that suggests an association with any of our products, services or brands.  No right, title or interest in any downloaded printed or copied materials is transferred to you as a result of any such downloading, printing or copying.  Except as provided in this paragraph or as permitted by the fair use privilege under the U.S. copyright laws, you may not copy, download, upload, post, transmit, reproduce, republish, modify, distribute, disseminate, broadcast, circulate or create derivative works from any Content in any form without the express prior written consent of the Company.  You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content.  Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal, state and foreign laws.

License & Site Access

The Company grants you a limited, non-exclusive, non-assignable and non-transferable license to access and make personal use of the Website.  You agree not to download (other than page caching) or modify the Website, or any portion of it, without the express prior written consent of the Company.  This license also grants you a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website [http://www.obozfootwear.com], so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any Company logo or other proprietary graphic or trademark as part of the link without the express written permission of the Company.  This license does not include any resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.  Any unauthorized use by you terminates the permission of the license granted by the Company to you.

Membership and Registration

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Website.  You may also provide information to the Website in other contexts, including, for example, to enter into a sweepstakes or promotion.

When you register or become a member of the Website or provide information to the Website in any other manner, you agree to the following terms listed below.

a) Your membership is solely for your personal use, and you will not authorize others to use your account.  You are responsible for maintaining the confidentiality of the password and account and all activities that occur under your password or account.

b) The Website may use the information you provide to us according to the Privacy Policy on our Website.

While the Company will treat your account and the information therein with the utmost care, the Company cannot and will not be liable for any loss or damage arising from unauthorized use of your account or your failure to comply with all terms of this provision.

User Content

Please choose carefully the words, information, content, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, publish or display on the Website and any such content that you provide or make available to other users (collectively, “User Content”). You are solely responsible for all of your User Content, as set forth below.  Additionally, you are responsible for understanding the limitations of other users’ User Content, as set forth below.  The Company takes no responsibility and assumes no liability whatsoever for any User Content or for any claims, damages or losses resulting from its use and/or appearance on this Website.

User Content may not be illegal, obscene, threatening, defamatory, invasive of privacy, abusive, harassing, threatening, bigoted, hateful, infringing of intellectual property rights, or otherwise injurious to third parties and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Any photographs, images or videos posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually suggestive or explicit or otherwise objectionable subject matter.  You agree to exercise caution in posting User Content, including any sensitive personal information, particularly in connection with persons under 18 years of age. Without limitation, you will not post any information that would allow anyone to directly contact someone under 18 years of age. You may not use a false email address, impersonate any person or entity, or otherwise mislead other users as to the origin of any User Content.  You further agree not to use an inappropriate member name of any kind.

By submitting User Content to the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, syndicate, modify, display, and perform the User Content throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, without compensation to you.  You represent and warrant that you own or otherwise control all of the rights to any User Content you submit or post on or to the Website or otherwise transmit to the Company.  You agree that you are and shall at all times remain solely responsible for the content of any User Content submitted by you.  You also agree that you will not submit anything to this Website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.  You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and the Company’s use of it.

Public Forums and Communication

“Public Forum” means an area, site or feature offered as part of this Website that offers the opportunity for you to submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) User Content for viewing by one or more Website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog and e-mail functions.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content you Distribute on a Public Forum.  The Company cannot guarantee the security of any information you disclose through any of these media; and you make such disclosures at your own risk.

You are and shall remain solely responsible for the User Content you Distribute on or through the Website under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.  You agree you that you will not Distribute User Content that (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any other User Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

The Company reserves the right to refuse to post, deliver, remove, modify or otherwise use or take any action with respect to User Content you Distribute.

The Company has no duty to monitor any Public Forum and does not monitor all of the material posted or transmitted by its users and third party information providers on its Public Forums.

Rules of Conduct

You agree to abide by the Terms of Use and to not use the Website to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Website; (ii) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (iii) collect or store personal data about other users; (iv) harass, abuse, or harm another person; or (v) advertise to, solicit, or sell to any other user.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Removal of User Content; Disputes

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any User Content from the Website that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any User Content or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including this Website.  Moreover, we retain all rights to remove User Content at any time for any reason or no reason whatsoever.

You are solely responsible for your interactions with other users of the Website.  The Company reserves the right, but has no obligation, to monitor disputes between you and other users.

Third Party Websites

This Website is linked to third party websites which are not maintained by the Company.  In particular, certain links may allow you to conduct transactions or purchase goods or services.  In many cases, these transactions will be conducted by our third-party partners and vendors.  However, no third party website is under the Company’s control and the Company is not responsible or liable for and does not warrant the contents of, technology implemented by, or privacy practices of any such linked website.  You should review the privacy policy and terms of use for each of these websites to make sure they are acceptable to you prior to your use.  The Company disclaims all liability for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites (i) from another website to the Website, and (ii) to another website from the Website

Inaccuracy Disclaimer 

From time to time there may be information on our Website that contains typographical errors or other inaccuracies.  The Company reserves the right to correct any errors or other inaccuracies and to otherwise change or update information at any time and from time to time without prior notice.

Disclaimer of Warranties 

YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, EVENTS, AND PRODUCTS PURCHASED THROUGH THE WEBSITE, IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE COMPANY EXPRESSLY DISCLAIMS 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.

NEITHER THE COMPANY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR REPRESENTATIVES WARRANT THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE,  RELIABLE OR SECURE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE WEBSITE.  THE WEBSITE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE WEBSITE.  NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE ANY WARRANTY.

THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.

THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THIS WEBSITE.  THE COMPANY MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH THE COMPANY MAY PROVIDE LINKS.  YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST THE COMPANY WITH RESPECT TO SUCH SITES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) INCURRED BY YOU, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, ITS CONTENT OR ITS FEATURES (OR THE INABILITY TO USE THE SAME), INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY CLAIM ATTRIBUTABLE TO MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR OTHER FAILURE OR INACCURACIES IN CONTENT APPEARING ON THE WEBSITE, WHETHER SUFFERED BY YOU OR ANY PARTY CLAIMING RIGHTS DERIVED FROM YOU, EVEN IF THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND REGARDLESS OF ANY NEGLIGENCE OF THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR THIRD PARTY PROVIDERS

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Indemnity

You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, representatives, licensors and third party providers to the Website from and against any and all liability, claims, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, incurred by the Company as a result of or in connection with your use of this Website in violation or breach of these Terms of Use, including any claims that User Content misappropriates or infringes upon the rights of any third party. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Jurisdiction

Use of this Website and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Montana, United States of America, without giving any effect to any choice or conflict of law provision or rule (whether of the State of Montana or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Montana.  You hereby irrevocable consent to personal jurisdiction in the State of Montana and by your use of this Website voluntarily submit to the exclusive jurisdiction of the federal and state courts located in such state in any action or proceeding with respect to this Website and to service of process by certified mail at the last known address provided in connection with your use of the Website.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

International Users

The Website is controlled, operated and administered by the Company from its offices within the United States.  The Company makes no representation that materials or Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.

Notice

Except as explicitly stated otherwise, any notices to the Company must be sent by certified mail, return receipt requested, to Oboz Footwear LLC, 411 W. Mendenhall, Suite B, Bozeman, MT  59715.

Copyright Infringement

The Company respects the intellectual property of others.  If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by the Company, please provide Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and email address; (5) 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 (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to the Company at: Oboz Footwear LLC, 411 W. Mendenhall, Suite B, Bozeman, MT  59715.

Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.

General

a) These Terms of Use along with the Privacy Policy and any additional terms, rules or regulations posted on the Website constitute the entire agreement between you and the Company and govern your use of the Website, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.

b) The failure of the Company to exercise or enforce any right or provision of this Terms of Use does not constitute a waiver of such right or provision.

c) If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

d) The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Service Contact

Contact info@obozfootwear.com with questions or problems with this Website.

Posted March 15, 2013