Terms & Conditions

Welcome to the Samuel Hubbard Shoe Company website. We provide services to you subject to the notices, terms, and conditions set forth in these Terms of Use and we reserve the right to change this website and these Terms of Use at any time.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF USE.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions below, we grant you a limited, revocable, non-transferable and non-exclusive license to access and use the website only for the purpose of shopping for items sold on the website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided or make any use of the website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You agree not to upload, distribute, or otherwise publish here any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Submissions or opinions expressed on this site are that of the individual expressing such opinion and may not reflect our opinions.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you, whether or not such access to and use of the Site is actually authorized by you, including without limitation, all communications, transmissions and financial obligations incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this website's security.

REVIEWS & COMMENTS

If you submit or post to the website and/or provide us submissions such as ideas, suggestions, know-how, techniques, questions, reviews, and comments, they will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form. All such submissions shall automatically become our sole and exclusive property and shall not be returned to you. When you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content. We may, but are not obligated to, remove or edit any submissions (including comments or reviews) for any reason.

INTELLECTUAL PROPERTY

All text, graphics, icons, images, audio clips, and software as well as its arrangement and layout belong exclusively to Samuel Hubbard Shoe Company LLC or its affiliates and are protected by U.S. and international copyright laws. Samuel Hubbard® and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Samuel Hubbard Shoe Company and/or its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at www.samuelhubbard.com/privacy.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate these Terms or Use or revoke any or all of your rights granted. You shall immediately cease all access to and use of the website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Such termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at the address or phone number listed below.

REMEDIES

You agree that our remedy at law for any actual or threatened breach of this agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

APPLICABLE LAW

This site is created and controlled by us in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

DISPUTES

Any dispute relating in any way to your visit to the website or to the products you purchase from us shall be submitted to confidential arbitration in San Francisco, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned.

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

OUR ADDRESS

Please send any questions or comments to

Samuel Hubbard Shoe Company LLC
409 Summit Avenue
Mill Valley, CA 94941

 

Telephone toll-free (844) 482-4800 or email support@samuelhubbard.com.