TERMS AND CONDITIONS
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.sentieroshoes.com website (the "Service") operated by ROGEL Inc ("us", "we", or "our").
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Site.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST ROGEL INC ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
Once your order has been placed, you will receive a confirmation email that we have received the details of your order. Please note that this is not a confirmation that your order has been accepted by us. We reserve the right not to accept your order for payment, shipping restrictions or stock reasons. If your order is not cancelled and once your order has been accepted, you will then receive a confirmation of the dispatch of your goods.
All orders and pre-orders are subject to availability. All products displayed on our website are available for dispatch from our boutique; however, some items may be on pre-order, meaning we are awaiting delivery to our warehouse. Pre-ordering means you may make payments in advance to ROGEL INC. to ensure you have priority of receiving this item.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Content included on the Site may be accessed by you for your own internal non-commercial use only. You may not copy, perform, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any content, software, products or services obtained from this Site.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Site and its original content, features and functionality are and will remain the exclusive property of ROGEL Inc. and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ROGEL Inc.
LINKS TO OTHER WEBSITES
Our Site may contain links to third party web sites or services that are not owned or controlled by ROGEL Inc.
ROGEL Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ROGEL Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate your access and use of any part of this Site at any time without notice. By accessing the Site, you warrant and represent to ROGEL Inc. that you are legally entitled to do so and to make use of the information made available via the Site.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ROGEL Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall ROGEL Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is "AS IS" and "AS AVAILABLE". ROGEL Inc. does not make any guaranty of any accuracy, correctness, usefulness or completeness of the Site. Specifically, ROGEL Inc. disclaims any express or implied warranties of title, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ROGEL Inc. reserves the right in its sole discretion and without any obligation or notice requirement to change, alter, or edit content included in this Site.
ROGEL Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
AGREEMENT TO ARBITRATE
By visiting the Site or otherwise making a purchase from the Site, you, on the one hand, and SENTIEROSHOES and ROGEL INC., on the other, agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 45 days in which to respond to or settle the Dispute.
Notice shall be sent:
(1) to ROGEL Inc. or SENTIEROSHOES at 11 Maiden Lane, San Francisco, CA, 94108; or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
You, ROGEL Inc. agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please contact us.