Red Wing® Terms of Use
Welcome to the Red Wing website. Red Wing Brands of America, Inc. ("Red Wing," "us" or "we") is the owner and operator of the Red Wing website and brand. The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use") apply to your use of our website and any content, functionality, and services offered at RedWingShoes.com (the "Site") including account information and product purchases. By your use of the Site or placing orders through the Site you agree to accept these Terms and acknowledge that you have read, understand, and consent to Red Wing’s Privacy Policy.
We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.
Access
To communicate with us through the Site, you may be asked to provide certain information. You represent and warrant that all information provided by you is accurate and complete. Our Privacy Policy describes the personal information we collect, use, manage, disclose, and share. You may also communicate with us through comments or other interactive content on the site. These Terms of Use dictate your conduct when interacting on the Site.
We reserve the right to withdraw or amend the Site and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
All information submitted by you regarding your product purchases will be governed by our Privacy Policy. All sales on this site are governed by the terms and conditions of sale, which include our Return Policy and our Shipping Policy. In some cases, you may be directed to another retailer web site that sells the Red Wing product you want to buy. We do not control, monitor, maintain, or access the personal information you may provide to that other site when purchasing our products. That site may contain privacy policies and terms of use that are different from our policies, and you should review those policies before providing personal information, and understand the terms of sale and return policies applicable to those retailers.
Reviews and Comments
The Site allows you to submit reviews, comments or other information regarding our products, such as details regarding your use or information about you generally. This information will not be treated as confidential and we may publish any of your comments, in whole or in part, and by submitting any information through the review process, you grant to us a royalty-free, worldwide, perpetual and transferable right to use, copy, distribute, display, publish, sell, adapt or otherwise modify all review content. By submitting reviews or comments on the Site, you agree to the terms of our Customer Ratings and Reviews Terms and Conditions.
The Site may contain other links to websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; (d) reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site or any services or materials available through the Site; (e) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means/attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site.
You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) use the Site in any manner that could disable, overburden, damage, or impair the Site; (c) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the material on the Site; (d) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Site; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (h) otherwise attempt to interfere with the proper working of the Site.
Intellectual Property Rights
The Site and its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names), are owned by Red Wing and/or its subsidiaries, licensors, affiliates, assigns, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a non-exclusive, non-transferable license to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on the Site, and are permitted to use the Site for your personal, non-commercial use only. Such license may not be transferred or assigned by you, and any attempted transfer or assignment in violation hereof shall be null and void. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except to: (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your Web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Site for a permitted use.
User Generated Content
By using the Site and uploading any content to the site, including the use of any hashtags or other identifier associated with Red Wing or any other company or brand affiliated with us, you agree to: (a) not upload, distribute, or otherwise publish any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, (b) not use defamatory language, or post meaningless messages or "spam;" and (c) not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.
You acknowledge that any user-generated content you make on the Site, including comments, forum messages, reviews, videos, photographs, etc., may be edited, removed, modified, published, transmitted, and displayed by us and you waive any rights you may have in the materials submitted and any changes made by us when posted or reposted on the Site or any other media controlled by us or our affiliates or partners.
You grant Red Wing, and its local affiliated companies, a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to use any material or content you upload or share on the Site, including any content you tag or otherwise associate with Red Wing, which includes without limitation the right for Red Wing or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies) in any form or media now known or developed in the future. We are not responsible for reviewing any user-generated content, but we reserve the right to delete, move, or edit any content that in our sole discretion violates these Terms of Use.
By providing any content to the Site, you are consenting to its display and publication on the Site, and any use and publication of the content by us online or offline and for any purpose, including promotional uses.
Red Wing Trademarks
The Red Wing name and all related names, logos, product and service names, designs, and slogans are trademarks of Red Wing or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.
Copyright Infringement
If you believe that any content on the Site violates your copyright, please provide us with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) 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. Notices with respect to the Site should be sent to customer.service@redwingshoes.com.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on information presented on or through the Site, other than information regarding sale of items on the Site, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Warranty Disclaimers
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. RED WING MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. RED WING DOES NOT REPRESENT THAT THE CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES, DISTRIBUTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL OUR AGGREGATE LIABILITY, OR THAT OF OUR OFFICERS, GOVERNORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THIS LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Red Wing, its affiliates and licensors and their respective officers, governors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site's services and products other than as expressly authorized, or your use of any information obtained from the Site.
Governing Law, Venue and Jurisdiction
The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Minnesota. These Terms of Use shall be treated as though they were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, your information provided to the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Waiver and Severability
No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with us in connection with the Site, constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.