TERMS AND CONDITIONS
Welcome to the MBT US website (collectively with our e-commerce site and including any related mobile applications, the “Site”). These Terms and Conditions of Use (the “Terms”) are applicable to the use of the Site but do not include third-party web sites not maintained or sponsored by MBT USA, Inc. and its affiliates (collectively, the “Company”).
By accepting these Terms through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. It is a violation of the terms and conditions of use if you use the Site and are under 13 years of age. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
Physical Activity Notice and Health Related Information Disclaimer
The Site may include content that promotes exercise or other physical activity. Please consult with your health care professional before engaging in any physical activity and consider the risks involved. The Company is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, products sold or offered for sale on the Site.
Certain health-related information may be provided on the Site. Any such health-related information is provided only for the purposes of consumers located in the United States. Use of health-related information outside of this jurisdiction may not be appropriate or permitted under the law.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that private, non-public, home use (where no admission fee is charged) and may not be duplicated. Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
The United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with Company, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws. By entering into a transaction with Company through this Site, you are representing to us that you are not in a country where such import/export is prohibited and that you are not a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import, export, or re-export.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Company and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Except as expressly indicated on the Site, the Company trademarks, service marks, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Company.
The copyright in all material provided on this Site by Company is held by Company or by the original creator of the material. Company grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated uses. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site.
User Names and Passwords
If this Site permits you to adopt a User Name and a Password in order to access features of this Site, then:
- You agree to use the Site solely for legitimate purposes.
- When registering for a User Name, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.
- You agree to immediately notify us of any unauthorized use of your Password, User Name or the Site, or any other breach of security. (Send your notice to us via the Contact section of this Site.)
- You agree not to share your User Name or Password with any other person.
- You agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your User Name or Password.
Company reserves the right at any time in our sole discretion to terminate your Password and User Name and your use of the Site for any reason or no reason.
Reviews and Submissions
Visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you agree that your material is not confidential or proprietary, and you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and sublicensees the right to use the name that you submit in connection with such content, if Company wishes. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless Company for all claims resulting from content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by you or any third party, including content that is offensive, unlawful or objectionable.
Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws. A site that links to the Site:
- may link to, but not replicate, content on the Site;
- may not create a browser or border environment around content on the Site;
- may not imply that Company is endorsing it or its products;
- may not misrepresent its relationship with Company;
- may not present false information about Company's products or services;
- may not use Company's Trademarks or Copyrighted material without express written permission; and
- may not contain content that could be construed as distasteful, offensive or controversial, and must contain only content that is appropriate for all age groups.
Third Party Sites
References on the Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, products or services. Company is not responsible for the practices or policies of such third parties, nor the content of any third party sites and does not make any representations regarding third party products or services or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. Also, if you decide to link to a third party site FROM THE SITE, please be aware that your use of the third party site will be governed by such third party's terms and policies, including any policies regarding the COLLECTION, USE AND DISCLOSURE of your personal information. It is your responsibility to review any such terms and policies before using any third party site.
If any advertisement for a product or service provided by anyone other than Company appears on the Site, Company does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; and (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Site and other than generally available third party web search engines.
Disclaimer Of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND MATERIALS ON THE SITE.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE (INCLUDING CELL PHONES AND TABLETS), COMPUTER SYSTEM OR ANY OTHER DEVICE THAT YOU USE TO ACCESS THE SITE, AS WELL AS ANY LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
PLEASE NOTE THAT THE SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, COMPANY DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THE SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF COMPANY.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on the Site. For such products, the warranty, if any, set forth on such label controls Company's liability for such product. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation Of Company's Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY REMEDY AGAINST THE COMPANY FOR USE OF THE SITE OR ANY OF ITS CONTENTS IS TO STOP USING THE SITE. IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY OF ITS CONTENT, THE COMPANY’S LIABILITY SHALL NOT EXCEED US$100.00. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your Indemnification Obligations
You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys' fees and expenses, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site or any breach of these Terms by you or anyone using your User Name and Password.
To the extent any of these Terms would not be enforceable under the local laws of the country from which the Site is being viewed, that term shall be severable from this agreement and the remainder of this agreement shall be remain in force and effect. Viewing the Site from countries, if any, in which its content is illegal is strictly prohibited and would be a violation of these Terms.
If any provision of these Terms shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and the other provisions shall remain in full force and effect.
These Terms were last revised on June 1, 2014 and govern your access of the Site from this date forward until a later revision is posted.