Terms of Use

last updated: October 28, 2019

Propét USA (“Propét”, “Propét footwear” “us” or “we”) is pleased to provide these terms of use (“Terms”) to govern your use of and interaction with its website www.the Website, as well as any mobile versions or related mobile applications, any additional websites we may add from time to time, and social media pages and platforms we may operate (collectively, the “Website”).  By using the Website -regardless of the means of access - you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms, including our privacy policy and purchase policies.

Additional terms

Certain features or services offered on the Website may be subject to separate terms and conditions which may be posted by us from to time (“Additional Terms”). All Additional Terms are hereby incorporated by reference. To the extent of any inconsistency between these Terms and any Additional Terms, unless otherwise expressly stated these Terms will prevail.

Updates to these Terms

We reserve the right, in our sole discretion, to modify any portion of these Terms at any time without notice by posting the changes on the Website and/or in other appropriate places. Any changes are effective immediately upon posting.  Your continued use of the Website after any modified Terms or Additional Terms have been posted constitutes your agreement to all such modified terms and conditions.

 

Use of the Website

 

Except as permitted herein, you may not reproduce, distribute or create derivative works from or otherwise use or exploit any portion of this Website unless you receive our written permission.  You may not make any commercial use of any image or information set forth on this Website without our written permission.  You will not upload to or otherwise publish through this Website any content that violates any of the Terms set forth herein.  We reserve the right to prohibit access to the Website, refuse service, cancel orders or take such other action(s) as may be necessary if we determine in our sole discretion that you are misusing the Website.

Privacy policy

Propét’s privacy policy provides information concerning Propét’s privacy practices with respect to the Website, which governs your use of and access to the Website.

 

Product information; accuracy

We attempt to be accurate when describing our products and services on the Website. However, we do not warrant that the product descriptions, colors, sizes, prices, product availability or other product and service descriptions on the Website are accurate, complete, reliable, current, or error-free. If a product or service offered on the Website is not as described, your sole remedy is to return the item per our return policy.

The products and services displayed on the Website can only be ordered and delivered within the United States. Certain products may be available in select U.S. retail locations and certain foreign markets. We make no promise that any product(s) sold on the Website are offered for sale at the lowest or best price available elsewhere.  All prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.

All product material and information presented on the Website is solely intended for personal educational and informational purposes.  In mo way do we warrant or represent that anything set forth herein has been approved by any health care professional.  Users are encouraged to seek advice from healthcare professionals. 

Website transactions

Placement of an order does not constitute acceptance by Propét; we may require additional information and all orders are subject to product availability. We do not authorize the purchase of our products for resale purposes. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

Risk of loss and title to goods purchased passes to you upon the delivery of the items to the carrier.  If you attempt to return an item we will not take title to the item unless and until it is received by us.  Whether we require the return of a particular item shall be at our sole discretion.

For more information on policies and terms related to purchases placed through the Website (such as our shipping policy, order processing and returns) can be found in our Purchase Policies, which are incorporated by reference in these Terms.

Intellectual property

All content available on the Website, including but not limited to text, graphics, logos, button icons, images, video/audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Propét, and/or its affiliates, partners, or licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Propét, and/or its affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as set forth in the limited licenses section below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

Limited license

We grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Content on the Website. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) modify or download the Website or Content (except caching or as necessary to view the Website); (iii) make any use of the Website or Content other than personal use; (iv) create any derivative work based upon either the Website or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A web site that links to the Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such web site or its services or products; (iii) may not misrepresent its relationship with Propét USA; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Website or the Content or Trademarks terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms.

Your obligations & responsibilities

In the access or use of the Website, you shall comply with these Terms and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on the Website and may not impair in any way the integrity or operation of the Website without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms (including our privacy policy), you shall be liable for all the losses and damages that this may cause to Propét, and/or its subsidiaries, affiliates, partners or licensors.

Website promotions

From time to time, Propét may offer certain special promotions, features, or events (such as contests, sweepstakes or other offerings) (collectively, “promotions”). These promotions may be subject to Additional Terms in addition to or in lieu of these Terms and may be offered by us or by third parties. We will disclose details for such promotions (such as eligibility requirements, dates of availability, contents of the promotion, etc.) when offered, and if you choose to take advantage of any promotion, you agree that your participation will be subject to such Additional Terms or other guidelines, rules, and/or policies.

Your account

You may choose to register an account on the Website if you are over the age of eighteen (18) years old, or are under the direct supervision of a responsible adult. If you choose to create an account you must provide accurate registration information, including a valid email address, as well as such other reasonably necessary identifying information as this Website may require pursuant to applicable law. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. You agree to immediately notify Propét of any unauthorized use of your password or account and any other breach of security. Propét cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to refuse service and/or suspend or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in Propét’s best interests to do so.  If we terminate your use of the Website, you will cease all access and use of the Website and we will reserve the right to terminate all passwords and other information in our sole discretion.  Such termination shall not affect any other rights or obligations of the parties.

Third party sites

We are not responsible for the content of any third party web site pages or any other third party web sites linked to or from the Website (collectively, “third party sites”). Links to any third party sites appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.  We are not responsible for the content or operation of any such site(s).

We may interact with you on certain third party sites, such as on Facebook, Twitter, Instagram, Pinterest, YouTube, where we post content or invite your feedback. These Terms and other areas of the Website provide guidelines and rules relating to these third party sites, but Propét does not own or control those third party sites. See Privacy Policy for more information. 

Your access, linking to or from any third party sites is at your own risk. Propét is in no way responsible for examining or evaluating, and we do not warrant the offerings of, any third party site linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such third party sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third party sites that you visit.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas reviews, comments, and other content, information or materials (collectively, “submissions”) on or through the Website, provided that the submission:

  • Is not confidential and proprietary (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;
  • Does not contain software viruses or malware;
  • Does not consist of political campaigning, chain letters, mass mailings, or any form of "spam".
  • Does not contain advertisements or solicitations of any kind, or other commercial content;
  • Is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise misleading as to the source;
  • Does not contain messages by non-spokesperson employees of Propét or any of its brands purporting to speak on behalf of Propét or containing confidential information or expressing opinions concerning Propét
  • Does not offer unauthorized downloads of any copyrighted, confidential or private information; and
  • Does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless Propét expressly asks you to provide such information.

Propét is not obligated to, but reserves the right, to monitor, remove or edit submissions in its sole discretion.

Subject to our privacy policy, by transmitting or posting any submission, you hereby grant Propét, and affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission worldwide in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify Propét, and affiliates for all claims arising from or in connection with any claims to any rights in any submission. To the full extent permissible by applicable law, Propét takes no responsibility and assumes no liability for any submission posted by you or any third party on or through the Website.

Indemnification

You agree to defend, indemnify and hold Propét, and its directors, employees, officers, representatives, agents, affiliates, joint ventures, and third-party service providers (collectively, the “Propét parties”) harmless for any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the Propét parties arising out of (1) your use of the Website or your breach of any part of these Terms, (2) fraud you commit, or your intentional misconduct or gross negligence, or (3) your violation of any applicable U.S. or foreign law or the rights of a third party. You also agree to indemnify the Propét parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. The applicable Propét party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such Propét party.

Disputes

With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of the State of Washington, as if the terms and conditions were a contract wholly entered into and wholly performed within Washington. Any dispute relating in any way to your visit to the Website shall be submitted to arbitration in the State of Washington, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association as located in the State of Washington. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

Termination

You may terminate your agreement to these Terms by providing written notice to us. Upon such termination, you shall cease all use of the Website and we shall be permitted to delete your account and any and all information associated therewith.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN ANY TERMS OF SALE WITH RESPECT TO ANY ITEM SOLD OFF THE WEBSITE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, AND/OR DATA ACCURACY.  WE MAKE NO WARRANTY THAT CONTENT WILL BE ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

Claims of copyright infringement

It is Propét’s policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), notifications of claimed copyright infringement by third parties should be sent to Propét USA’s copyright agent. If you believe that your copyrighted work is being used on the Website in a way that constitutes copyright infringement, please notify our copyright agent in writing with the following information (to be effective, the notification must be in writing and provided to our copyright agent):

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Propét s Agent that includes the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work or other intellectual property that you claim has 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 a description of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and, if available, 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 owner or authorized to act on the copyright owner’s behalf.

Please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.

Propét USA’s copyright agent for notice of claims of copyright infringement can be reached as follows:

by mail: Propét USA Copyright Agent, 2415 West Valley Highway North, Auburn, WA  98001.

Changes to the Website

Propét may terminate these Terms and deny you access to the Website (or any part thereof) at any time, immediately and without notice, if in Propét’s sole discretion you fail to comply with any term or condition of these Terms.

Propét also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Propét shall not be liable to you or to any third party for any termination of access or for any modification, suspension or discontinuance of the Website.

General information

You acknowledge and agree that these Terms, which include our privacy policy, constitute the complete and exclusive agreement between you and Propét concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If any Content on the Website, or your use of the Website, is contrary to the laws of the place where you reside when you access the Website, the Website are not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Propét, which may be withheld at Propét’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void. Propét may assign these Terms, in whole or in part, to any third party in its sole discretion.

Contact us

If you have any questions regarding these Terms, please contact consumer care at 253-854-7600 or e-mail us at propetshoes@propetusa.com