Use and access of this web site, and purchase of products offered thereon, is subject to these terms and conditions of use (the “Terms”) as well as our Privacy Notice. By accessing, viewing or otherwise using this web site you are agreeing to the Terms. Please read these Terms carefully:
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEB SITE AND ALL INFORMATION HEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, AUSTIN FOOTWEAR DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT OR OTHER MATERIAL ON THIS WEB SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY AUSTIN FOOTWEAR PRODUCT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY AUSTIN FOOTWEAR, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, PRODUCTS, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. AUSTIN FOOTWEAR MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
IN NO EVENT WILL AUSTIN FOOTWEAR OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEB SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, OR ANY AUSTIN FOOTWEAR INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY AUSTIN FOOTWEAR THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN THE AUSTIN FOOTWEAR SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER OR NOT AUSTIN FOOTWEAR IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You may not copy or adapt the HTML or other code that TREDAGAIN uses to generate its pages on the web site. This code is also protected by TREDAGAIN’s copyright.
The web site may contain links to third party websites not under the control of TREDAGAIN, which may contain information that some people may find offensive or inappropriate. These links are provided solely as a convenience to you and not as an endorsement by TREDAGAIN of the contents on such third-party web sites. TREDAGAIN is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, TREDAGAIN is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in web sites which may be accessible via a Hyperlink to or from this web site or for the Hyperlink itself.
If you decide to access linked third-party sites, you do so at you own risk. TREDAGAIN cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the web site, since these sites are owned and operated by independent third-parties. TREDAGAIN does not endorse any of the products/services, nor has TREDAGAIN taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. TREDAGAIN does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against TREDAGAIN with respect to such sites. TREDAGAIN strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
All links to the web site must be approved in writing by TREDAGAIN, and if approved, will be subject to the following requirements: (a) the link is a text-only link containing only the name “TREDAGAIN”; (b) the link “points” only to www.tredagain.com and not to deeper pages; (c) the link, when activated by a user, displays the web site’s homepage in a full-screen and in a fully operable and navigable browser window and not within a “frame” on the linked web site; and (d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by TREDAGAIN nor be such as to damage or dilute the goodwill associated with the name and trademarks of TREDAGAIN or its affiliates. TREDAGAIN reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE, ANY AUSTIN FOOTWEAR INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE AUSTIN FOOTWEAR WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, AUSTIN FOOTWEAR DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING AUSTIN FOOTWEAR’S WEB SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. TREDAGAIN reserves the right at any time after receipt of your order to accept or decline your order for any reason. TREDAGAIN reserves the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If your order is rejected, TREDAGAIN will generally attempt to notify you using the e-mail address you provided when you placed the order. The estimated leads times noted on the web site are in business days (Monday through Friday, excluding federal holidays). Quoted shipping days are estimates only.
The warranty does not apply to: (i) any defect in, or failure of, the product resulting from negligence or misuse; (ii) any product that has been modified, adjusted, repaired, or disassembled by any party other than TREDAGAIN; or (iii) any defect other than in materials and workmanship.
This warranty covers only the original purchaser of product. In order to receive warranty service, purchaser must provide TREDAGAIN with a copy of the receipt stating the product purchased and date of purchase. Products found to be defective during the warranty period will be replaced (with a product deemed to be equivalent or better) at the discretion of TREDAGAIN.
TREDAGAIN’s sole liability for any defective product is limited solely to the replacement of product pursuant to this warranty. TREDAGAIN reserves the right to replace any repairable parts with new or refurbished parts.
AUSTIN FOOTWEAR DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, SUCH AS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. IN NO EVENT SHALL AUSTIN FOOTWEAR BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCT OR BUSINESS INTERRUPTION HOWEVER THE SAME MAY BE CAUSED, INCLUDING NEGLIGENCE.
IN NO EVENT SHALL AUSTIN FOOTWEAR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCTS SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, THE NEGLIGENCE OF AUSTIN FOOTWEAR OR OTHERWISE. IN NO EVENT SHALL AUSTIN FOOTWEAR’S LIABILITY EXCEED THE U.S. DOLLAR AMOUNT EQUAL TO THE AMOUNT PAID BY YOU FOR THE COST OF THE PRODUCTS PAID BY YOU GIVING RISE TO ANY CLAIM. THE DAMAGE LIMITATIONS PROVIDED IN THIS AGREEMENT AND THE REMEDIES STATED HEREIN SHALL BE EXCLUSIVE AND SHALL BE YOUR SOLE REMEDY. THIS LIMITATION ON LIABILITY SHALL SURVIVE FAILURE OF ANY ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OF CERTAIN TYPES OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TREDAGAIN in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, notwithstanding its laws governing conflicts of laws. The Parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the state and federal courts situated in Texas. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this web site.
Except as otherwise provided in this paragraph, the Terms are the only terms with respect to the subject matter hereof, and no terms and conditions stated in or attached to your communications are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms. Additional terms and conditions may apply to purchases of goods or services, including TREDAGAIN’s standard Terms and Conditions of Sale. Further, additional terms may apply to specific portions or features of the web site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the web site or for any service offered on or through the web site, the latter terms shall control with respect to your use of that portion of the web site or the specific service.
If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.
Information TREDAGAIN places on or makes available through this web site may contain references or cross references to TREDAGAIN or third party products, programs and services that are not announced or available in your country. Such references do not imply that either TREDAGAIN or such third party intends to announce or make available such products, programs or services in your country. Consult TREDAGAIN or the applicable third party for information regarding any such products, programs or services. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
If the user has any questions regarding this web site or its contents, or these Terms, contact TREDAGAIN at firstname.lastname@example.org.
Last updated: Oct 2016