Terms of Sale and Terms and Conditions of Use
Last Updated: December 15, 2014
Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. BY PURCHASING ANY PRODUCTS OR SERVICES PROVIDED BY JUSTIN BRANDS, INC. YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT MAKE ANY PURCHASES THROUGH OUR SERVICES.
Justin Brands, Inc. and our subsidiaries (collectively, "Justin" or "we"), may make products or services available to you for purchase through our websites or other online or mobile services or applications (collectively, the "Services"). Your purchase of any products and services through the Services and your use of Justin’s Services is governed by these Terms of Sale and our Terms and Conditions of Use, which are incorporated herein by reference, (collectively the "Terms").
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we change our Terms, we will advise you by revising the “Last Updated” date at the top of this document. Any changes or modifications will be effective immediately upon posting the revised Terms to our Services. Your continued purchase of products or services following the posting of such changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should review these Terms prior to making any purchase through the Services.
Pricing; Orders; Taxes
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order. By placing an order via the Services, you are making an offer to Justin to purchase products or services. Any order shall be subject to acceptance by Justin and Justin may reject all or any part of an order and discontinue products or services without notice. If Justin accepts your order, Justin will notify you of its acceptance by providing an order confirmation. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. Justin is not required to collect and remit sales or use taxes in all states and jurisdictions. If you do not pay such taxes or fees in connection with a transaction via the Services, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Justin reserves the right to collect such taxes or other fees from you at any time.
We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not represent or warrant that the Services or any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to return the product or service and obtain a refund in accordance with the requirements for returns provided in our Returns and Exchanges policy
At this time we do not offer pre-order / backorder capability. In the future, we may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will not charge you until the product becomes available and we can complete your purchase.
If the color, size or width of a product you would like to purchase is not shown in the relevant drop-down box or list of options on the product's information page, then the color, size or width is not available for purchase. In the event that the specific product that you would like to purchase is unavailable, please check our Services at a later time as our inventory of products is subject to change.
Shipping & Handling; Export
You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by standard ground delivery, unless otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Services are shipment contracts, not destination contracts, so the title and risk of loss or damage to all products purchased via the Services will pass to you upon Justin’s delivery of the products to a transportation carrier. Any shipping or delivery dates or times shown on the Services are estimates only and actual delivery dates and times may vary. You agree that you will not obtain or direct shipment of any product purchased through the Services for export.
Payment; Credit for Refunds
Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services through the Services, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Services, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Services). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
Returns and Exchanges
If for any reason you are not completely satisfied with your purchase from Justin within the first thirty (30) days after delivery, we will provide a refund or credit or replace or exchange your product pursuant to our Returns and Exchanges Policy.
To return Justin products that you purchased from a U.S. retailer, please contact the retail store from which you purchased the product to determine its return policy.
If you believe a product sold by Justin has a condition or defect that might make it unsafe, please report this safety concern immediately by calling us. If you purchased your product from a retailer, call 1-800-548-1021 or e-mail us at Nocona Boots Customer Service. If you purchased your boots from our website, call 1-800-550-7327 or e-mail us at: email@example.com. Our customer service lines are open Mon-Fri 8am to 5pm Central Time (excluding holidays).
Justin warrants its products to be free of defects in workmanship and material for a period of one (1) year from the date of purchase. This limited warranty runs to and is valid only for the first purchaser. Variations of coloring or shading or other deviations caused by the inherent nature of using natural materials in the manufacturing process are not considered defects. WEAR AND FIT ISSUES ARE ALSO NOT CONSIDERED DEFECTS. JUSTIN HAS NO LIABILITY FOR AND THIS LIMITED WARRANTY DOES NOT COVER IMPROPER SIZING OR FIT ONCE A PRODUCT HAS BEEN WORN. We do not warrant soles against wear, nor will we consider a claim when a boot is altered, misused or abused in any way. Reasonable care is essential with all Justin products. If you believe that your product has a manufacturer defect, please contact customer service as indicated in the Returns and Exchanges section above. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.
JUSTIN CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS OR SERVICES. ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE ONE (1) YEAR PERIOD FOR THE LIMITED WARRANTY AS PROVIDED ABOVE. Some states do not allow limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Justin.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JUSTIN BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF JUSTIN, WHETHER IN CONTRACT OR WARRANTY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE BASIS. You and Justin agree to arbitrate any dispute arising from these Terms or the sale and purchase of products or services from Justin, except that you and Justin are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Justin agree that you will notify each other of any dispute within thirty (30) days of when it arises, that any arbitration will occur in Fort Worth, Texas, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Justin also agree that the state or federal courts in Tarrant County, Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies excluded herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles. Whether the dispute is heard in arbitration or in court, you and Justin will not commence against the other a class action, class arbitration or other representative action or proceeding.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Terms and Conditions of Use
This website is a part of the Justin Brands, Inc. (“Justin”) family of websites. Justin appreciates your visiting our websites. We respect your privacy and believe our websites offer you and your family an opportunity to learn more about us as well as purchase our products. The following terms and conditions are designed to help you make your visit a pleasant one.
Justin grants you a non-exclusive, non-transferrable, limited right to access, use and display the site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of this site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms & Conditions
Justin reserves the right, at its sole discretion, to change, modify, and/or remove any portion of these terms and conditions of use, in whole or in part, at any time. If we change our Terms, we will advise you by revising the “Last Updated” date at the top of this document. Your continued use of the site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Justin owns, controls, licenses or has the right to all material on the site, including without limitation to text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). As between you and Justin, Justin retains all rights and interests in the Content. Except for the express limited personal right granted to you herein, the Content may not be used without Justin’s express written permission.
The names, trademarks, service marks and logos of Justin and its respective brands appearing on this site are owned by Justin or its affiliates or sponsors and may not be used in any advertising or publicity, or otherwise to indicate Justin’s sponsorship of or affiliation with any group, product or service, without Justin’s prior express written permission.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way, exploit the site or any portion thereof for any public or commercial use without the express written permission of Justin. You may download one copy of Content from the site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including, without limitation to, trademarks and service marks of Justin and its affiliates. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copy, redistribution or publication of material from the site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
Acceptable Use Policy
You shall indemnify, defend and hold harmless Justin , its parent, subsidiaries and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Justin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Justin.
Links to Other Websites
The site may contain links and pointers to the other Internet sites, social media platforms, resources, and sponsors of the site. Links to and from the site to other third party sites, maintained by third parties, does not constitute an endorsement by Justin or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Justin or the site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Justin or any of its affiliates. These links are provided as a convenience to you, and Justin is not responsible for the content, policies, or security protocols of any such sites. Your linking or use of these websites or platforms is at your sole risk. You should direct any concerns regarding any external link to its site administrator or webmaster. Justin does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Justin reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site.
We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements made available by users or third parties on the Justin site or through social media platforms related to or linked through the Justin website.
Please be aware that the information you publicly disclose may be available to other users, so you should be mindful of the personally identifiable information and sensitive content you post. JUSTIN IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF MATERIAL OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE PUBLICALLY ONLINE.
Disclaimer of Warranties and Damages; Limitation of Liability
The site, including all Content, software, functions, materials and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither Justin nor its content providers warrant that the functions, features or content contained in the site will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Justin and its parent companies, subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to Justin negligence. If you are dissatisfied with the site or any materials on the site, your sole remedy is to discontinue using the site.
Under no circumstances shall Justin, its parent, subsidiaries, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorized representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of Justin, its parent companies, subsidiaries and affiliates to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions of use or your use of the site exceed, in the aggregate, $100.
Non-United States Residents
Justin makes no representation that materials in the site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Tarrant County in the State of Texas and you hereby irrevocably consent to the jurisdiction of such courts. If, for any reason, a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Justin with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Justin of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.