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Terms of Use

TERMS of Use

SALT LAKE KICKS TERMS OF USE

Effective date: November 12, 2016

Salt Lake Kicks (“Salt Lake Kicks”, “we”, or “us”) operates, hosts, or manages a number of websites including, without limitation, www.saltlakekicks.com, and www.slkicks.com (collectively, the “Site”). These Terms of Use (“Terms”), along with our Privacy Policy, apply to your use of the Site and the services, features and functions that are offered and made available on, through or using the Site. These Terms constitute a legally binding agreement between you and us. You must be 18 years old or the age of majority in your jurisdiction in order to use our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Site with your parent or legal guardian’s permission. By accessing or using our Site, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.

PRIVACY

Please read our Privacy Policy carefully since it describes, among other things, how we collect and use information from you when you use our Site.

INVENTORY AVAILABLE

We do our best to ensure that the product you're ordering is available at the time of purchase. That said, in some instances product will become unavailable during the order process and won't be able to be filled. We make no guarantees on the availability of product as represented on our Site.

Exchange, Return and Refund

Please read our Exchange, Return and Refund Policy carefully since it describes, among other things, how we authorize exchanges, returns and refunds.

OWNERSHIP

Unless otherwise stated herein, we and our licensors are the sole owners of the Site and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Salt Lake Kicks name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so. You may only use the Site for personal, non-commercial purposes.

USE RESTRICTIONS

While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to these Terms. You agree that when using the Site you will not:

•    Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;

•    Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;

•    Frame or mirror any part of the Site without Salt Lake Kick’s express prior written consent;

•    Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;

•    Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;

•    Use the Site to make unsolicited offers, requests, advertisements, or spam;

•    Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;

•    Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or

•    Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.

DISCLAIMER OR WARRANTIES

THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. SALT LAKE KICKS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, AND TITLE. SALT LAKE KICKS MAKES NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. SALT LAKE KICKS MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SALT LAKE KICKS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT SALT LAKE KICKS SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING OUR SITE OR IN CONNECTION WITH OUR SITE. SALT LAKE KICKS SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITES, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH SALT LAKE KICKS OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. SALT LAKE KICKS HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless Salt Lake Kicks, and its respective employees, officers, directors, agents, representatives, licensors, suppliers and service providers from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities taken, in connection with the Site; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.

DISPUTE RESOLUTION

These Terms will be construed and enforced under the laws of the State of Utah. You agree that the state and federal courts in Salt Lake County, Utah shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that Salt Lake County, Utah is an inconvenient forum. You agree that you will not file a class action, or participate in a class action against us.

THIRD PARTY SITES

The Site may contain links to third party websites. Salt Lake Kicks has no control over such websites and is not responsible for the availability of such external websites. Salt Lake Kicks does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party websites linked from the Site. Salt Lake Kicks does not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party websites is at your own risk and subject to the terms and conditions and policies and procedures of such websites. In addition, other websites may provide links to the Site with or without our authorization. You acknowledge and agree that Salt Lake Kicks does not endorse such third-party sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

TERMINATION

We may immediately, without prior notice, suspend or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Site.

SEVERABILITY

If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

CHANGES

We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.

QUESTIONS OR COMMENTS

If you have any questions or comments about these Terms or the Site, please contact us at contactus@saltlakekicks.com.

 

Privacy Policy

PRIVACY POLICY

SALT LAKE KICKS PRIVACY POLICY

Last Updated: Nov. 12, 2016

 

By visiting the website owned or operated by Salt Lake Kicks. ("Salt Lake Kicks "we," "us" or "our") and located at the urls www.saltlakekicks.com or www.slkicks.com (the "Site"), you agree to accept the practices described in this privacy policy (the "Privacy Policy"). If you do not agree to the terms of this Privacy Policy, please do not use the Site. Salt Lake Kicks reserves the right to modify this Privacy Policy at any time, so each time you use the Site, you should check the date of this Privacy Policy (which appears above) and review any changes that have been made since your last visit to the Site.

We want to develop relationships with our customers based on respect and integrity. We are aware of the trust and confidence you demonstrate when you visit the Site and provide us with information. This Privacy Policy is posted to demonstrate our commitment to protecting your privacy online.

1. Information Collected By Salt Lake Kicks. Salt Lake Kicks gathers the following types of information:

A. Information You Directly and Voluntarily Provide to Us: We collect the following types of personal information (collectively, "Personal Information") that you voluntarily provide through the Site.

Personal Identifiers. A "Personal Identifier" is information that can be used to identify and/or contact a natural person and includes name, postal address, telephone number, email address, credit card information and ApplePay account information. Personal Identifiers are collected when you create a user account, place an order through the Site, or when you communicate with any of our departments such as customer service, sales or technical services.

Other Personal Information. "Other Personal Information" is information combined with Personal Identifiers voluntarily provided by users of the Site that may include demographic information (for example, gender, age, marital status, occupation, income, or demographic information pertaining to the members of a user's household), purchase history or correspondence sent to us through the Site.

B. Information That We Automatically Collect From Your Computer: We (or service providers on our behalf) may automatically collect information from you using "cookies" or "web beacons". Cookies are small amounts of data that are stored within your computer's Internet browser and that are accessed and recorded by the websites that you visit, as well as by the companies that place advertising on websites, so that they can recognize the same browser navigating online at a later time. Web beacons are web page elements that can recognize certain types of information on your computer such as cookies and the time and date of a page viewed.

Information collected by cookies and web beacons may include, without limitation:

- the pages you visit within the Site;

- the date and time of your visit to the Site;

- the websites you visit before or after visiting the Site;

- the Internet Protocol (IP) address used to connect your computer to the Internet;

- your computer and connection information such as your browser type and version, operating system and platform;

- whether you open and whether you click on any link contained in an email message that we send you; and/or

- your purchase history.

We may use data gathered automatically from your computer to help us recognize you as a previous visitor to the Site, to serve relevant online advertising to you or to analyze trends and statistics to improve your experience of the Site. You can set -your browser to reject cookies or to notify you when you are sent a cookie. You can also purchase and download software that will allow you to visit the Site without providing the information gathered by cookies. You are welcome to use the Site if you use such software, but your experience while visiting the Site may not be optimal.

2. Registration

We encourage you to register when shopping at the Site, however registration is not required to make purchases through the Site. As part of the registration process, you will be required to provide your name, postal address, telephone number and e-mail address. You will also be required to create a password. You must be 13 years of age or older to register. Registration helps us to provide you with a quick and simple checkout experience. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password. You are responsible for all use of the Site accessed through it.

3. Third Parties' Use of Web Beacons and Web Cookies:

The Site may include third-party advertising, links to other websites, and other content from third-party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, may use web beacons and cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective websites to the Site.

We do not have access to or control over web beacons or cookies that these third parties may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit.

Some third-party advertising companies may provide a mechanism to opt-out of their technology. For more information about the opt out process, you may visit the Network Advertising Initiative website, available at http://www.networkadvertising.org/managing/opt_out.asp.

4. Use of Information Collected By Us. We use the information described above to process and fulfill any orders you place through the Site, including to send you emails to confirm your order status and shipment, to communicate with you and to send you information by email, postal mail, telephone, text message or other means about our products, services, contests and promotions (unless you have directed us not to contact you with promotional communications), or for other purposes as disclosed to you at the point of information collection. We may also use this information to help us develop and improve our Site, and to tailor our Site to your interests.

5. Sharing of Information with Third Parties. We will not rent, sell or otherwise disclose your Personal Information to unrelated third parties without your consent, except as stated in this Privacy Policy.

A. Service Providers: We may employ other companies or individuals ("Service Providers") to provide certain services to or on behalf of us such as operating and supporting the Site, fulfilling orders you place through the Site, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf and are required to provide your Personal Information with at least the same level of protection and security as we use on the Site. Such Service Providers are prohibited from using your Personal Information for any purpose other than the purpose for which the applicable Service Provider was engaged by us and/or as stated in this Privacy Policy. Any Service Providers that use data received from us may only do so in accordance with this Privacy Policy.

B. Payment Companies: If you place an order through the Site, the information you provide will be transmitted to your credit card company or ApplePay to verify and authorize your purchase.

C. Third Party Marketing Partners: We may share aggregate information that does not identify you personally with third party marketing partners that we believe offer products or services that may be of interest to you. We note that, while the aggregate data we provide will not identify you personally, in some instances third parties may be able to "de-anonymize" aggregate data to identify you personally based on additional information they have about you or that they receive from third parties. While we do not intend for third parties to de-anonymize the aggregate data we provide, if you are concerned about potentially being personally identified by our third party marketing partners you should not use the Site. We will not share any Personal Information which you have given us with any such third party marketing partner(s).

D. Shipping Providers: If you make a purchase through the Site, your name, telephone number and shipping information must be provided to third party shippers such as UPS, FEDEX and the United States Postal Service to deliver your purchase.

E. Third Party Transaction-Level Data: If you visit the Site from a third-party website the third-party website may be able to access select information from your individual transaction information. In order to track and credit your transaction the third-party website may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party website to the Site. Any transactions made at the Site while such a code is active will be reported back to the third party website. We will only report non-Personal Information to these websites such as the date of the transaction, the product(s) purchased and the amount spent. We will not report any information to these third party websites that will allow them to personally identify you. The presence of a third party navigation bar at the top of any page on the Site is an indication that the third party website may be able to see your activity on the Site.

F. Law Enforcement and Protection of Users: To the extent permitted by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect our rights or property as well as those of our affiliates or customers. You should be aware that, following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law.

6. Additional Privacy Protections for Children Using the Internet. The Site is a general audience website and is not directed to children under the age of 13. We will never knowingly collect Personal Information from children under the age of 13 without verifiable parental consent. If you are under the age of 13, please do not provide us with Personal Information of any kind whatsoever. If we become aware that a user is under the age of 13 and has submitted Personal Information without verifiable parental consent, we will remove his or her Personal Information from our files. We understand that children may not fully understand all of the provisions of this Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit.

7. Security. We use appropriate security measures to protect against the loss, misuse or alteration of your Personal Information. All pages within our checkout process and areas containing Personal Information are secured using SSL (Secure Socket Layer) technology, which encrypts data between our computer and yours. No computer system is fully secure, however, and there are inherent risks associated with Internet transactions. To make sure your Internet browser is using the latest security features, you may want to download the most recent version of it, which should have full SSL support.

8. Corrections/Information Removal/Opt-Out. If your name, e-mail or postal address, telephone number or other Personal Information changes, you may update, correct or omit the relevant information by contacting us at contactus@saltlakekicks.com. In addition, if you no longer wish to receive promotional communications from us you may opt-out by emailing us at contactus@saltlakekicks.com, sending a letter to: PO Box 925 Draper, UT 84020 Attn.: Customer Service, or by clicking on the unsubscribe link within any marketing e-mail you receive from us.

9. Contact Information. If you have any questions or concerns about this Privacy Policy, please e-mail us at contactus@saltlakekicks.com or send a letter to: PO Box 925 Draper, UT 84020.

10. Business Transfer. In the event that Salt Lake Kicks is sold, has its assets acquired or transferred, whether voluntarily or involuntarily, or merges or becomes affiliated with any other division, individual or entity, any customer information owned or under the control of Salt Lake Kicks may be one of the transferred assets. We reserve the right, as part of such transaction, to transfer or assign the Personal Information and aggregate information we have collected from users of the Site.

11. Limitations On Liability. IN NO EVENT WILL SALT LAKE KICKS OR ITS PARENT, AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR the related PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SALT LAKE KICKS OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Use of Information Outside of Your Country of Residence. By using the Site, you hereby consent to the collection, transfer, storage, processing, and other use of your Personal Information in the United States. You acknowledge that your Personal Information and other information may be subject to the privacy and data protection laws and regulations of the United States, which may not be the same as such laws and regulations in your country of residence.

13. Governing Law. This Privacy Policy and any disputes relating hereto are governed by the laws of the State of Utah without regard to principles of conflicts of laws, and by using the Site, you consent to the exclusive jurisdiction of the state and federal courts in Utah for resolution of any disputes relating to this Privacy Policy and/or the Site and waive any objection thereto.