TERMS OF USE

These Terms of Use apply to rockport.com (the “Site”), and all other websites maintained by The Rockport Company, LLC or its affiliates (hereinafter referred to as "Rockport”, “we”, “us” or “our”). By using the Site, you agree to be bound by these terms and any other terms and conditions, agreements or policies set forth on the Sites or incorporated by reference, including without limitation, the Privacy Policy, (collectively the “Terms and Conditions”).. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Rockport may change the Terms and Conditions from time to time, at its sole discretion. Please periodically visit this section of the Site to review the current version of these terms. You agree to comply with any additional terms which are referred to on this Site or any area within the Site.

DISCLAIMER OF WARRANTY

The site is provided free of charge, and accordingly is provided "AS IS" and with all faults. Use the site at your own risk. Rockport makes no representations or warranties of any kind, either express or implied, with regard to the site. To the fullest extent permitted by law, Rockport disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

The Site is provided free of charge, and accordingly is provided “AS IS” and with all faults. Use the Site at your own risk. Rockport makes no representations or warranties of any kind, either express or implied, with regard to the Site. To the fullest extent permitted by law, Rockport disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

ROCKPORT OR ANY OF ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTORY OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, OR ANY OTHER SITE, THE ACCURACY OF THE INFORMATION ON THE SITE OR THE PERFORMANCE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER SITE USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER CONTENT, EVEN IF ROCKPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST ROCKPORT FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF ROCKPORT IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, ROCKPORT'S LIABILITY SHALL NOT EXCEED $100.00 USD. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rockport, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your Content, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users, or any violation of these Terms of Use, any law or the rights of any third party.

FORCE MAJEURE

You agree to indemnify, defend, and hold harmless Rockport, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your Content, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users, or any violation of these Terms of Use, any law or the rights of any third party.

USER BEHAVIOR

You are solely responsible for your User Content, your interactions with other users and your activity on the Site. Do not take any action or post anything that may expose Rockport or its users to any harm or liability of any type. Do not register any third party for an account, services, promotions, contests or sweepstakes without their knowledge and explicit consent. Such actions are prohibited and could give rise to civil and criminal proceedings.

Do not post any User Content, take any action or use the Site in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Site designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Site. Do not post User Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Site security technology or software.

ELIGIBILITY, REGISTRATION AND PASSWORDS

To become a member of the Site, or post User Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Site. This Site is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Site. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone to use your username and password to access the Site. Rockport is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.

INTELLECTUAL PROPERTY

All intellectual property on the Site (except for User Content) is owned by Rockport or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., ROCKPORT, ARAVON, DUNHAM) are owned, registered and/or licensed by Rockport. All content on the Site (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Rockport. All rights reserved.

SITE USE RESTRICTIONS

Without the prior written consent of Rockport or its relevant licensors, no license or other right to the use of the contents is granted either explicitly or implicitly or in any other way. Any unauthorized use of the Content is strictly prohibited and will be subject to civil and criminal prosecution by Rockport. The viewing, printing or downloading of any graphic, form, document or other content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Site and its contents terminates the license granted hereby.

COPYRIGHT INFRINGEMENT

If you believe that your work has been improperly copied and posted on the Site, please provide us with your : (1) name, address, telephone number, email address; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site copyrighted work is located; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and (5) your sworn statement, signed by you and the copyright owner or his/her authorized agent, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Rockport legally sufficient notice of infringement. Send copyright infringement complaints to: Legal Department 1895 J.W. Foster Boulevard, Canton, MA 02021.

USER CONTENT

"User Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Site users post or otherwise make available on or through the Site, except to the extent the Content is owned by Rockport.

All notices, proposals, ideas, feedback, comments, complaints and other contents which you create and/or provide to Rockport, will be regarded as provided on a non-confidential basis. Rockport reserves the right to use this information at its exclusive discretion. Rockport is not subject to any obligation to prescreen User Content. Rockport does not guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Rockport is acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Content or activities of users on the Site. In the event that Rockport chooses to monitor any User Content, Rockport assumes no responsibility for, or any obligation to monitor or remove, such User Content. Rockport reserves the right to edit, remove, or refuse to post any User Content or terminate your registered account for any reason. Rockport shall be under no obligation to treat the User Content as confidential or to respond to any submissions. Your User Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Rockport a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

LINKS

The Site may contain links to websites, applications or other products or services operated by other companies ("Third Party Sites"). These third party Sites are not operated by Rockport and we do not endorse, monitor or have any control over these Third Party Sites, which have separate terms of use and privacy policies. Please carefully read the terms and conditions of use and other policies of such Third Party Sites. These Terms of Use do not apply to any Third Party Sites. Rockport is not responsible for the content or policies of Third Party Sites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY ROCKPORT OR ITS AFFILIATES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. IN NO EVENT SHALL ROCKPORT OR ITS AFFILIATES BE LIABLE FOR DAMAGES ARISING FROM ANY USE OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.

PURCHASE OF PRODUCTS

By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. We reserve the right to reject orders and limit order quantities in our sole discretion. All orders placed through the Site are subject to Rockport’s acceptance. Rockport may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Rockport will issue you a refund. We do not accept any cancellations or returns except as specified in our Return & Cancellation Policies or required by applicable law.

MISCELLANEOUS

TERMINATION

Rockport reserves the right, in its sole discretion, at any time, change the Terms of Use, modify, discontinue or terminate the Site (or any part thereof) with or without notice, terminate or delete your account, and any of your User Content, restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or any third party. ROCKPORT also reserves the right to block you or any third party from certain IP addresses or prevent access to the Site. These Terms of Use remain in effect even after your account is terminated.

APPLICABLE LAW AND JURISDICTION

The Terms of Use and any referenced Policies shall be governed by the laws of the Commonwealth of Massachusetts regardless of conflict of laws principles and not by the United Nations Convention on Contracts for the International Sale of Goods. You consent to exclusive jurisdiction and venue in courts sitting in Boston, Massachusetts. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Except where prohibited, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or relating to the Site (including, but not limited to, the purchase of Rockport products) shall be resolved individually, without resort to any form of class action. Any cause of action or claim you may have with respect to the Site (including, but not limited to, the purchase of Rockport products) must be commenced within one (1) year after the claim or cause of action arises. You agree that any notice, agreement, disclosure or other communication that Rockport sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Rockport's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Rockport may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.