Last updated: March 1, 2023
Please read these terms and conditions carefully before using our website polar-fox.shop (the “Website“) operated by Polar Fox® Boots, Shoes (“Polar Fox,” “we,” “us,” or “our“).
By accessing or using this Website, you agree to be bound by these terms and conditions and all terms incorporated by reference (collectively, these “Terms“). If you do not agree to all these Terms, do not access or use this Website.
These Terms govern your access to and use of this Website and constitute an agreement between you and Polar Fox.
1. Acceptance of Terms
By accessing any part of this Website, you indicate your unconditional agreement to and acceptance of these Terms, including our Privacy Policy. Polar Fox may amend these Terms at any time by posting the amended terms on the Website. Such amendments shall be effective immediately upon posting. You must review these Terms regularly, and your continued access or use of this Website shall be deemed your acceptance of these Terms, including any amendments.
2. Description of Services
Polar Fox operates an e-commerce website selling boots and shoes. You must be at least 13 years or older to use this Website. By using this Website, you represent and warrant that you are at least 13 years of age. If you are under 13 years of age, you may not access or use this Website.
Subject to full compliance with these Terms, Polar Fox grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use this Website solely in connection with your permitted use of our products and services. Any use of this Website for any other purpose is strictly prohibited. Polar Fox may terminate this license at any time for any reason.
3. Your Account
You may need to create an account to access certain products or services available through this Website. You agree to provide accurate, current and complete information about yourself during the registration process and to update such information to keep it accurate, current and complete. Polar Fox reserves the right to suspend or terminate your account if any information you provide is inaccurate, not current or incomplete. You are responsible for safeguarding your account login credentials and you agree not to disclose your account password to any third party. You must notify Polar Fox immediately if you suspect any unauthorized use of your account. You are fully responsible for all activities that occur under your account.
4. Order Process and Acceptance
The descriptions of products and services on this Website are for informational purposes only. The purchase of any product or service from this Website is governed by our Sales Terms and Conditions. The receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. Polar Fox reserves the right to accept or reject any order for any reason, in our sole discretion. We will confirm acceptance of your order when we ship the ordered product to you. Title and risk of loss pass to you upon our delivery of the products to the carrier. Any product photographs and descriptions are for identification purposes only. While we strive to accurately describe our products, minor variations may exist. We reserve the right to correct errors or inaccuracies on the Website.
5. Payment
You agree to pay all charges you incur in connection with purchases made through this Website, including shipping and handling charges and applicable taxes. All purchases are payable in U.S. dollars. We may change prices and institute new fees from time to time. We will notify you of changes to our pricing or fee policies by posting such changes on the Website.
You are responsible for providing Polar Fox with valid payment information for your purchases. If your payment method fails or your account is past due, we may suspend or terminate your account and require you to repay any unpaid balance owed to us.
6. User Conduct
When accessing or using this Website, you must comply with all applicable laws, regulations and ordinances, including laws regarding your transmission or use of any software or data. You agree not to:
- Use this Website to harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;
- Engage in any other predatory, unethical or illegal conduct;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, or any other harmful programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
- Access or use this Website in any manner that could damage, disable, overburden or impair any Polar Fox server or network;
- Attempt to gain unauthorized access to any Polar Fox products, services, accounts, computer systems, or networks;
- Probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- Take any action that disrupts the normal flow of dialogue or otherwise acts in a manner that negatively affects other users’ ability to use the services;
- Interfere with or disrupt the Website or servers or networks connected to the Website;
- Use any robot, spider, crawler, scraper, or other automated means to access the Website;
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm, or other harmful component;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Website without express written permission;
- Bypass any robot exclusion headers or other measures we may use to restrict access to the Website;
- Violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load of data, queries or traffic on our infrastructure;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
7. Intellectual Property Rights
The content on the Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Polar Fox and protected by United States and international copyright laws. The compilation of all content on this Website is the sole and exclusive property of Polar Fox and protected by U.S. and international copyright laws.
You may use information on Polar Fox products and services purposely made available by Polar Fox for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You must obtain prior written permission from Polar Fox before selling or distributing our content in any commercial manner.
8. User Content
You are solely responsible for any information, data, reviews, profiles, messages, notes, text, photographs, graphics, audiovisual works, and other content that you upload, publish or display on or through this Website (“User Content“). You may not transmit, distribute, post, communicate or store any User Content that:
- Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violates any law, statute, ordinance or regulation;
- Is defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Contains or installs any viruses, worms, bugs, Trojan horses, malicious code, or other harmful components;
- Contains falsehoods or misrepresentations;
By uploading or transmitting User Content to this Website, you grant Polar Fox a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content throughout the world in any media. You are solely responsible and liable for all User Content you upload or transmit.
Polar Fox takes no responsibility for and does not expressly or implicitly endorse any User Content. We have no obligation to prescreen, monitor, review, or edit any User Content. However, we reserve the right at any time to determine whether any User Content is appropriate and complies with these Terms, may remove any User Content at any time, and may terminate your access for uploading User Content in violation of these Terms.
9. Third-Party Links and Resources
This Website may contain links to websites and services operated by third parties including retailers, licensors, licensees, and partners of Polar Fox. We provide these links as a convenience, and using them to access third party websites and services is at your own risk. Polar Fox makes no representations or warranties about the content, completeness, or accuracy of these third party websites and services. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to these third party websites and services, and your use of them is at your own risk. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services. We disclaim all liability for any loss, injury, claim, liability, or damage of any kind resulting in any way from your use of or inability to use any third party website or service, any content thereon, or any product or service offered on or through such third party websites or services.
10. Disclaimer of Warranties
Polar Fox provides this website on an “as is” and “as available” basis. We do not warrant the information on this website or provided through this website will meet your requirements or that access to and use of this website will be uninterrupted, timely, secure, error-free, virus-free, or free from defects. We disclaim all express and implied warranties including merchantability, fitness for particular purpose, and non-infringement. No advice, results, or information obtained by you from us or through the website shall create any warranty not expressly stated in these terms.
11. Limitation of Liability
Polar Fox, its affiliates, directors, employees, agents, and representatives shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising from or relating to your access or use of, or inability to access or use this website or any content, products, services contained or offered on the website. This shall include damages for loss of profits, revenue, business, opportunity, data, use, goodwill, intangible losses, or the cost of procurement of substitute services resulting from your use of the website. This limitation shall apply regardless of the legal theory under which liability is asserted.
12. Indemnification
You agree to defend, indemnify and hold harmless Polar Fox, its affiliates and their respective directors, officers, employees, contractors and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to your use of this Website, your User Content, your violation of these Terms, and your violation of any rights of any other person or entity. Polar Fox may assume the exclusive defense and control of any matter subject to indemnification by you.
13. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. Any legal actions, claims or demands arising out of or related to these Terms or your use of this Website must be brought in the state or federal courts located in New York County, New York. You hereby consent and submit to the personal jurisdiction of such courts for all such disputes.
14. General Provisions
Changes to These Terms. Polar Fox may revise these Terms from time to time. If we make any substantial changes, we will notify you of the changes by posting them on the Website. All changes shall be effective upon posting on the Website. Your continued access or use of the Website constitutes your acceptance of the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Assignment. You may not assign or transfer these Terms or any rights granted hereunder. Polar Fox may assign these Terms without restriction, including without limitation to any Polar Fox affiliates or in connection with any merger, acquisition, corporate restructuring, or sale of some or all of our assets.
Entire Agreement. These Terms constitute the entire agreement between you and Polar Fox with respect to this Website and supersede all prior or contemporaneous communications and proposals with respect to this Website.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision.
Contact Information. Please contact us at [email protected] with any questions regarding these Terms.
Effective Date: These Terms were last updated and are effective as of the date listed at the beginning of this page.
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