By using Dwarves® brand products and products (collectively, “the products”) distributed by DWARVES LLC ("Company") through the website and services (the “services”) provided by the company (“website”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be implemented from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at
USE OF PRODUCTS AND SERVICES
DWARVES LLC("Company") offers Products and Services to you. In order to access and/or purchase certain Products and/or Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration and purchase process and/or continued use of Company Services. Company will not be liable to you for any direct, indirect, consequential, special or other damages resulting from the transmission from the Company Website to your computer systems of viruses, worms, trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a program or any data howsoever stored, whether saved on a computer system or otherwise.
You acknowledge and agree that Company Services and any necessary software used in connection with Company Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that content contained presented to you through Company Services or Links is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on content, Company Services or Software, in whole or in part except as specifically authorized in a separate written agreement.
Except as expressly authorized by Company you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Company's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Company Services or Software.
By submitting Content, namely written information and/or photographs, to Company, you are granting Company permission to make it available to you and members of the public via Company Website. Company is not responsible for loss or damages resulting from transmission of materials through its Website. Company claims no ownership or control over any Content submitted, posted or displayed by you on or through Company Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Company Services and you are responsible for protecting those rights, as appropriate. You further represent and warrant that you have the full right, power, and authority to use any Content you submit to Company, and that such use is not in violation of applicable copyright or other intellectual property laws. You are solely responsible and liable for any damages resulting from your failure to obtain permission to use any content you submit. Company is not responsible for any copyright or other intellectual property law violations intentionally or inadvertently made by you. By submitting content to Company to make available on Company Website, you represent and warrant that you have obtained the necessary permission to submit and use such content for your own personal, non-commercial use. In accordance with the United States' Digital Millennium Copyright Act, it is Company's policy to respond to allegations of infringing work on Company's Website and/or systems, and to terminate your access to the Website and/or systems upon learning of repeat copyright infringements.
POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers. Any use of Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and only with express written permission from Company
PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Company Services, use of Company Services, or access to Company Services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Company has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Company Services.
- Upon the termination of your use of Company Services, including upon receipt of a certificate or other legal document confirming your death, Company will close your account and you will no longer be able to retrieve Content contained in that account.
For United States Online Orders:
Refund requests must be approved prior to accepting returned merchandise. Please contact your sales associate for details.
You may RETURN most items sold by Company within 30 days of delivery for a full refund (less original S&H fee). Company will pay any return shipping cost if the return is a result of our error. Customer must pay shipping as a result of their own error (ex: wrong size). You may EXCHANGE most items sold by Company within 30 days of delivery. Customer must pay any difference in item cost including for exchanges of sale items for non-sale items and newborn size for regular size.
We will not accept returns or exchanges for certain items under any circumstances, including:
- Any item that is returned more than 30 days after delivery.
- Any item that is not in its original condition, is damaged, or is missing parts.
- Any product missing the serial number or UPC.
- Any "Final Sale" items as marked on the Website.
For International Online Orders: International orders should be placed through an international distributor of Company. Inquiries may be addressed to our International Accounts Manager at Customer@dwarvesshoes.com.
MODIFICATIONS TO PRODUCTS AND SERVICES
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Company Products and/or Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Company Products and/or Services.
You may discontinue your use of Company Services at any time. You agree that Company may at any time and for any or no reason, including a period of account inactivity, terminate your access to Company Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Company Services, your account or any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 20 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
Company makes no representations as to the security, quality or propriety of any Website which may be accessed through Company's Website. Connected Websites accessed through this Website are independent Websites over which Company does not exercise any control, whether financial, editorial or of any other kind and are not in any way endorsed by Company. Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Company") from and against any third party claim arising from or in any way related to your use of Company Products and/or Services, violation of the Terms or any other actions connected with use of Company Products and/or Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including the transaction of payment by third party vendors.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF COMPANY PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. COMPANY PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- COMPANY DOES NOT WARRANT THAT (i) COMPANY PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) COMPANY PRODUCTS AND SERVICES WILL BE TIMELY, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COMPANY PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH COMPANY SERVICES WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL OBTAINED USING COMPANY PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM COMPANY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE COMPANY PRODUCTS AND SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM COMPANY SERVICES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PRODUCTS AND SERVICES; OR (iv) ANY OTHER MATTER RELATING TO COMPANY PRODUCTS AND SERVICES.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Company Products and Services.
The obligations of Company to fulfill the terms of this Agreement will be waived in the event of force majeure (such as, but not limited to, inclement weather, public emergency or calamity, strike, labor disturbance, fire, interruption of transportation, casualty, physical disability, illness, flood, Act of God, or other disturbance or any governmental restriction) prevents normal and usual operation of Company.
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Company and govern your use of Company Products and Services, superseding any prior agreements between you and Company for the use of Company Products and Services.
Choice of Law and Forum. The Terms and the relationship between you and Company shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington
Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Company Product and/or Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.
SALES, COUPONS AND SPECIAL OFFERS
Company may run sales, promotions and special offers at any time. Coupons given during these sales are subject to the terms and conditions set during the sale. Coupons cannot be combined with other coupons or sales, unless otherwise specified. Company is not responsible for incorrect details or dates of coupons reported on third-party websites. Company has the right to discontinue a coupon or sale at any time. Company also reserves the right to limit the products included on coupons at their discretion.
- While the Company constantly endeavors to provide accurate pricing information, pricing or typographical errors may still occur with respect to the Products or Services. The Company reserves the right to modify prices with respect to any such Products or Services without advance notice either prior to or after receipt of an order confirmation. Unintentional errors in advertised prices are not binding on the Company or this Website, and may be modified by the Company at any time. In the event that a Product or Service or any other transaction conducted via this Website is listed at an incorrect price due to an error in pricing, the Company shall have the right, at its sole and absolute discretion, to refuse or cancel any orders placed for such Product or Service. In the event that a Product or Service is mispriced, the Company may, at its and absolute discretion, either contact you for instructions or cancel your order and notify you of such cancellation, it being clarified that the Company shall have no further obligations towards you with respect thereto.