PRIVACY AND SECURITY
Timberland, a division of VF Outdoor, Inc., and its affiliates in the United States and Canada (collectively, "Timberland," "The Timberland Group," "we," "us" and "our") 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:
YOUR ATTENTION IS DRAWN SPECIFICALLY TO SECTIONS 8 AND 9 WHICH SET OUT IMPORTANT LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU.
1. PERMITTED USES OF THE WEBSITES; RESTRICTIONS.
(b) You will not transmit, distribute, introduce or otherwise make available in any manner through the Websites any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). Whilst we take all reasonable steps to ensure that the Websites are free from Viruses, we do not guarantee that this will be the case at all times. You may not use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Websites. You may not use any data mining, robots, or similar data gathering and extracting tools in connection with the Websites. If you download software or any other content from the Websites, you do so at your own risk.
2. ACCURACY OF INFORMATION.
We attempt to ensure that information on the Websites is complete, accurate and current. Despite our efforts, the information on any of the Websites may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Websites.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Websites are registered and unregistered trademarks, trade names and service marks owned by Timberland, and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Websites are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by Timberland. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Websites without our written permission or the written permission of such third-party owner.
4. LINKING TO THE WEBSITES.
Any permitted links to the Websites must comply with all applicable laws, rules and regulations and any applicable policies of Timberland. If you intend to create any link from another website to any page on the Websites, you will inform us via email at: TBLCustomerSupport@vfc.com. We reserve the right to prohibit any such link at any time. Running or displaying the Websites or any information displayed on the Websites in frames or similar means on another website without our prior written permission is prohibited.
5. THIRD-PARTY LINKS.
From time to time, the Websites may contain links to other websites that are not owned, operated or controlled by us or our affiliates ("Third-Party Sites"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Websites. Neither we nor any of our affiliates are responsible for any content or other information located on or accessible from any Third-Party Site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or other information located at, or accessible from, such Third Party Sites, or the results that you may obtain from using such Third-Party Sites. If you decide to access any Third-Party Site linked to or from the Websites, you do so entirely at your own risk.
6. USER INFORMATION.
7. INAPPROPRIATE MATERIAL.
You are prohibited from posting or transmitting to any of the Websites any User Communication that we reasonably believe to be: (i) unlawful, untrue, misleading, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, pornographic, profane; (ii) invasive of privacy or personal information; (iii) infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright and right of publicity; (iv) of a type that you do not have the right to post or transmit under law or any contractual or fiduciary relationship, including proprietary or confidential information; (v) advertising or an offer to sell or buy any goods or services; (vi) considered a criminal offense or to give rise to civil liability or constitutes encouragement of the same; or (vii) otherwise objectionable or in violation of applicable law, rule, regulation or order. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from any of the Websites of objectionable User Communications. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such User Communications.
YOUR USE OF THE WEB SITES IS AT YOUR RISK. THE SERVICES PROVIDED IN CONNECTION WITH THE WEB SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE WEB SITES OR ANY CONTENT, INFORMATION OR SERVICES PROVIDED OR MADE AVAILABLE THEREIN. THE WEB SITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE WEB SITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9. LIMITATIONS OF LIABILITY.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEB SITES OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEB SITES. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITES, ANY WEB SITES LINKED TO THE WEB SITES, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. CHOICE OF LAW; JURISDICTION.
12. COPYRIGHT INFRINGEMENT NOTICE.
(a) We respect the intellectual property rights of others and expect users of the Websites to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Timberland's designated Copyright Agent at the following:
Gloria A. Pinza, Esq.
Designated Copyright Agent
Pierce Atwood LLP
One Monument Square
Portland, ME 04101
United States of America
or, via email to: email@example.com
(b) All claims of infringement must be in writing and must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(a) 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.
(b) Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify 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).
We may suspend or terminate your use of the Websites at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Websites at any time without notice.
16. STATUTORY RIGHTS.
18. 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.
We reserve the right, at our 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 we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. We retain 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 us 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.
19. ADDITIONAL ASSISTANCE.
For questions or concerns relating to the Websites, please contact us at:
Attn: Consumer Service/Privacy
200 Domain Drive
Stratham, NH 03885
Last updated: September 2014