Please read the following Terms carefully before using the Website. By using the Website, you acknowledge that you have read, understood, and agreed to be bound by the following Terms.
ACCEPTANCE OF TERMS
The Website, including all content, images, text, and any and all other material it may contain or provide, is owned, operated, and provided by Yankee Kicks. By browsing, using, or otherwise accessing the Website, you explicitly agree to be bound by these Terms. If you do not agree to these Terms, then you may not access or use the Website or its Services. Yankee Kicks reserves the right to update and change these Terms from time to time. In the event of any such change or update, Yankee Kicks will post the updated or revised Terms with a “Last Update” date so you are aware when such Terms went into effect. Such updates or revisions shall become effective immediately as of such date, and your continued use of the Website after any such change means you accept and agree to be bound by such change.
YANKEE KICKS’ CONTENT AND PROPRIETARY RIGHTS
All rights, title, and interest in and to the Website, including all material, text, content, organization, graphics, compilation, look, design, data, files, documents, software, scripts, layout, function, images, interactive features, and other matters related to the Website or Services, now known or hereafter created, (collectively, “Content”) are exclusively owned by Yankee Kicks and its affiliates, or licensed to Yankee Kicks for its use, and are protected under applicable copyright, trademark, patent, and other intellectual property and proprietary rights, both at common law and through registration. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works, or otherwise use Content in any form, by any means, or for any purpose, without Yankee Kicks’, or such third party’s, prior written consent.
YANKEE KICKS’ TRADEMARKS
The trademarks, logos, service marks and trade names (“Trademarks”) displayed on or through the Website are either common law trademarks or registered trademarks of Yankee Kicks. Nothing contained in these Terms or on the Website, or use or access to Services, shall be construed as granting you any license or right to use any Trademarks displayed on the Website without Yankee Kicks’ prior written consent. Any misuse of the Trademarks displayed on or through the Website or Services is strictly prohibited. All other trademarks displayed on the Website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those owners. In addition, such use of trademarks is not intended to imply, directly or indirectly, that the owners of such trademarks endorse or have any affiliation with Yankee Kicks or the Website and Services.
USE OF WEBSITE, CONTENT, AND SERVICES
The Website provides users an online platform to buy and sell goods. Yankee Kicks has no direct involvement in any transaction between a buyer and a seller and cannot ensure that any buyer or seller will complete a transaction. Yankee Kicks cannot guarantee the true identity of a user or the quality or authenticity of any items listed on the Website. You are encouraged to directly communicate with potential transaction partners and to use services that require additional user verification when completing a transaction. Yankee Kicks is not responsible for facilitating refunds or returns relating to any transactions made through the Website. By using the Website, you agree that you are making use of our Services at your own risk.
Any modification of the Content, use of the Content on any website or network computer environment, or use of the Content for any purpose other than the uses allowed under these Terms, without the prior consent of Yankee Kicks or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation
You agree not to use the Website or Services in a manner that is unlawful, prohibited by these Terms, or for any other purpose not reasonably intended or contemplated herein. Your use of the Website or Services in a manner not consistent with these Terms grants Yankee Kicks, in its sole discretion, the right to limit or disable your access to the Website and Services.
Yankee Kicks reserves the right to modify or discontinue the Service with or without notice. Yankee Kicks shall not be liable to any individual or third party should Yankee Kicks exercise its right to modify or discontinue the Service. You acknowledge and accept that Yankee Kicks does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
THIRD PARTY WEBSITES AND SERVICES
The Website may provide links to third party websites and/or advertisements, and third party websites may link to the Website (“Third Party Websites”) for the purpose of providing you services and/or products that may be beneficial to you. Yankee Kicks is not responsible, nor does it have or exercise any control, over the information, content, accuracy, products, services, advertising, or other materials that may or may not be provided by or through Third Party Websites. Any reliance on or use of the materials or content found on or by way of Third Party Websites is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Yankee Kicks designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: Heitner Legal, P.L.L.C., 215 Hendricks Isle, Fort Lauderdale, FL 33301 By Email: [email protected]
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES IS SOLELY AT YOUR OWN RISK. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FEATURES, MATERIALS AND FUNCTIONS PROVIDED BY OR THROUGH THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, DISPLAYABILITY, COMPLETENESS, OR USEFULNESS OF CONTENT; AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, SERVICE, OR ANY CONTENT, FUNCTIONS OR MATERIALS PROVIDED BY OR THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECT WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPRESS OR IMPLIED REQUIREMENTS OR NEEDS, NOR DO WE PROVIDE ANY “GUARANTEES” REGARDING THE SERVICES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS, USE, OR BROWSING OF THE WEBSITE, OR ANY DOWNLOADING OF MATERIALS, CONTENT, TEXT, IMAGES, VIDEO OR AUDIO CONTENT FROM THE WEBSITE. IF YOUR ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICE.
WE ATTEMPT TO ENSURE THAT CONTENT POSTED ON THE WEBSITE IS CORRECT AND CURRENT. WE RESERVE ALL RIGHT TO CHANGE OR EDIT ANY OF THE CONTENT PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE TRUTHFULNESS, COMPLETENESS AND/OR USEFULNESS OF ANY MATERIAL, OPINION, ADVICE OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE.
WITHOUT LIMITING THE ABOVE, OUR AFFILIATES AND WE MAKE NO WARRANTIES OR REPRESENTATIONS RELATING TO ANY SERVICES ORDERED OR PROVIDED VIA THE WEBSITE. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS (FAQs), DOCUMENTS AND OTHERWISE ON THE WEBSITE, OR IN CORRESPONDENCE WITH OUR AGENTS OR US. ANY SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A AGREEMENT SEPERATELY ENTERED INTO BY WRITING BETWEEN YOU AND US OR OUR AFFILIATES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL YANKEE KICKS, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES (“PROTECTED ENTITIES”) BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR THE INABILITY TO USE THE WEBSITE AND/OR SERVICES, REGARDLESS OF WHETHER THE PROTECTED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
You hereby release YanKEE KICKS and hold it and the Protected Entities harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and agree that you will not bring any claim personally against any member of YANKEE KICKS or the Protected Entities with respect to any direct or indirect losses you may suffer in connection with your use of the Website or Services. You waive the provisions of any state or local law limiting or prohibiting a general release.
Without limiting the limitation of liability SET FORTH HEREIN, in the event of any problem with the services, you agree that your sole and exclusive remedy is to cease using the services. Under no circumstances shall Yankee kicks be liable in any way for your use of services, including, but not limited to, any errors or omissions in the services, any infringement by the services of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the services.
CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer Regarding Accuracy of Information
Product specifications and/or other information made available on the Website have either been provided by vendors or collected from publicly available sources. While Yankee Kicks makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. Yankee Kicks makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
You agree to the fullest extent permitted by law to release, indemnify, defend and hold harmless Yankee Kicks, the Protected Entities, and the licensors, members, parents, subsidiaries, lawyers, affiliates, and agencies of Yankee Kicks and the Protected Entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorney’s fees and costs), claims, threatened claims, demands, or actions of any kind whatsoever that may arise out of or result from your use or attempted use of the Website, Content, and/or Services; your violation of these Terms or failure to comply with any applicable laws and regulations; and any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights. You shall not settle any such claim without the prior written consent of Yankee Kicks and/or the Protected Entities.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be construed and enforced in accordance with the laws of the State of Florida without regard to any conflict of law provisions. By using the Website and/or Services, you agree that all disputes, claims, or causes of action arising from or related to your use of the Website or Services will be resolved through binding arbitration in Broward County, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Nothing in this Section shall prevent Yankee Kicks from seeking injunctive or other equitable relief from the courts for matters related to data security, or unauthorized access to, or unlawful use of, the Website or Services.
GENERAL TERMS AND CONDITIONS
These Terms set forth the entire understanding between you and Yankee Kicks regarding your use of the Website, Content, and Services. These Terms constitute the sole agreement between you and Yankee Kicks for your use of the Website, Content, and Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms shall bind either you or Yankee Kicks. In the event that any one or more of the terms and conditions contained in these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Yankee Kicks’ failure to insist upon strict adherence to any term contained in these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms. Yankee Kicks may assign, transfer, subcontract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent. You may not assign, transfer, delegate, subcontract or otherwise deal with your rights and/or obligations under these Terms. These Terms shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns.