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PRIVACY AND SECURITY

TERMS OF USE

 

Timberland, a division of VF Outdoor, Inc., and its affiliates in the United States and Canada (collectively, “Timberland”) provide you with access to our family of websites at www.timberland.com, and shop.timberland.com, and any other sites we may provide from time to time (individually or collectively, the "Websites") to you subject to the following Terms of Use:

By using the Website in any way or by agreeing to provide submissions to TIMBERLAND, you are agreeing to the terms of use BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME.  Should you object to any term or condition of the terms of use OR PRIVACY POLICY, you may not access or use the website and you should not agree to provide submissions to TIMBERLAND.

Timberland may modify this terms of use at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use.   Timberland has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.

Trademarks

Timberland trademarks displayed on this Website are trademarks or registered trademarks of Timberland and its affiliated companies in the United States and internationally (including but not limited to the TIMBERLAND name and logo, and other logos).   All other trademarks are the sole property of their respective companies.   All use prohibited.

Ownership of Website Content

The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, FAQs is owned exclusively by Timberland and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.   Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Timberland.   You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.  

You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

Submissions of User Content

You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Timberland or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Timberland, including, for example, #timberland, #markmakers, #yellowboot, and #moderntrail.  Such Submissions may be used on the Website and/or on other Timberland marketing materials, including emails, social media and store signage.  You may only make a Submission if you are 18 years of age or over.  If your Submission is selected by Timberland to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). Timberland is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential.  Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Timberland, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.  Subject to the licenses granted in this Terms of use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Timberland, our vendors, including Curalate, Inc., and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Timberland without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Timberland reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Timberland is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws.  Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Timberland, including its licensors and/or vendors, and Timberland does not endorse any such opinions, statements, or materials.

You acknowledge and agree that Timberland has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission

Feedback

Any questions, comments, suggestions, or other information about Timberland products or services submitted to Timberland through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary.  Timberland shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.   Timberland specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website.   Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.

Feedback and User Content

You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Timberland does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  Timberland expressly disclaims any liability for such Feedback and User Content.  

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content, that you may not rely on said Feedback and User Content, and that under no circumstances will Timberland be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Timberland does not pre-screen or approve Feedback and User Content, but that Timberland shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.

User Content

You agree not to transmit to Timberland any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct;   (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Timberland employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains   "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Timberland users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Timberland computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

Timberland may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Timberland may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.

Establishing an Account 

Users of all ages are welcome to browse the Website; however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

Availability of Products, Services, Features and Content

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice.  The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell.  We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

External Sites

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”).  You acknowledge that Timberland is not responsible for the unavailability of, or the content located on or through, any External Site.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Copyright

This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Timberland agent for notice of claims of copyright infringement ("Copyright Agent"), at

Gloria A. Pinza, Esq.
Designated Copyright Agent
Pierce Atwood LLP
One Monument Square
7th Floor
Portland, ME 04101
United States of America
or, via email to: gpinza@pierceatwood.com

You must provide our Agent with the following Notice: 

1. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;

2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

4. Your address, telephone number, and email address; and

5. Your physical or electronic signature.

If valid, Timberland will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Children

Access to and use of the Websites is made available only to people who can form legally binding agreements under applicable law. The Websites are intended for a general audience and are not intended to be used by minor children. Children accessing the Websites should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Websites; and (iii) the consequences of any use of the Websites by such Minor.

Pursuant to 47 U.S.C. § 230(d) as amended, Timberland hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with Timberland).

Timberland SMS Program - US only

Please read these terms and conditions carefully before subscribing to the Timberland mobile alerts program. By subscribing to receive text messages from Timberland, you signify your agreement with these terms and conditions.

You can subscribe to Timberland’s mobile alerts program by texting “Timberland” to 89887 or completing the sign-up form that is sent to you. By subscribing, you agree to receive text message offers and alerts from Timberland. These messages will be sent to your mobile telephone using automated dialing technology.  You do not need to consent to receive mobile messages as a condition of making a purchase. Once you subscribe to Timberland’s mobile alerts program, you will get up to six offers and alerts per month via text message.

Text message charges or other charges may be charged by your mobile carrier for these offers and alerts. Message and data rates may be applied by your mobile carrier, so be sure to check your carrier agreement for details. Text messaging may not be available for all service providers or devices. The carriers supported by this program are: AT&T, Sprint, T-Mobile, Cellular One/Dobson, Virgin, Verizon Wireless, Alltel, Boost and Nextel. Timberland makes no guarantee that any mobile carrier will participate. Timberland may add or delete carriers at any time, without notice.

If at any time you wish to opt out of future mobile (text) messages from Timberland, you may do so by texting STOP to 89887 or contacting customer service at 1-888-802-9947.

For help or information related to Timberland’s mobile alerts program, text HELP to 89887 or contact customer service at 1-888-802-9947.

Timberland reserves the right, at its sole discretion, to modify, alter or otherwise update these terms and conditions at any time. Such modifications shall be effective immediately upon posting. By continuing to receive text messages after Timberland has posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Timberland retains the right to cease sending text messages to anyone for any reason, including for violation of any of these terms and conditions.

When you provide Timberland information in connection with the mobile alerts program, you agree to provide current, complete, true and accurate information. You agree not to provide a mobile phone number that you are not authorized to provide. You are solely responsible for all content that you transmit in connection with the mobile alerts program and are responsible for abuse of your account by others. You agree to opt out before changing your mobile phone number by texting STOP to 89887 or contacting customer service at 1-888-802-9947.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, TIMBERLAND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, TIMBERLAND DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation on Liability and Indemnity of Timberland

UNDER NO CIRCUMSTANCES SHALL TIMBERLAND BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TIMBERLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF TIMBERLAND WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

You agree to indemnify and hold Timberland, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Compliance with Applicable Laws; Export Control Laws

This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Timberland products and publications are commercial in nature.   Timberland does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.

Governing Law; Entire Agreement

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy, or your use of the Website, will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods.  Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises.  Any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in Orange County, in the State of California and you hereby consent and submit to the personal jurisdiction of such courts.  If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.  These Terms of Use and the Privacy Policy constitute the entire agreement between you and Timberland with respect to the subject matter of the Terms of Use and Privacy Policy.

Contact Us

If you have any questions about these Terms of Use, please contact:

Timberland

Attn: Consumer Service/Privacy

200 Domain Drive

Stratham, NH 03885

1-888-802-9947

TBLCustomerSupport@vfc.com

 

Last updated: April 16, 2015.