PRIVACY AND TERMS
(Last Updated: February 24, 2009)
At KEEN, Inc. ("KEEN," "we," or "us"), we are committed
how personal information is collected from users of the KEEN website at www.keenfootwear.com
(the "Site"), and how that information is used and disclosed. By using
our Site, you consent to the terms of this Policy.
We reserve the right to modify this Policy at any time and will notify you of such
changes by posting the modified Policy on our Site and indicating at the top of
the Policy the date it was last updated. If there are material changes to this Policy,
we will notify you more directly.
PERSONAL INFORMATION WE COLLECT
You provide personal information to us in a number of ways when you visit the Site.
For example, you provide us with personal information when you:
- create or update an account or profile and subscribe to our e-mail newsletter or
other services ("Services");
- purchase KEEN products on the Site;
- participate in a survey, contest, sweepstakes, or other promotions on the Site;
- contact us by e-mail for any reason, such as to request help with the Services,
or to provide us with your comments/feedback;
- submit personal information in connection with photos/stories for our potential
use and/or publication.
We may collect your name, image, billing and shipping addresses, e-mail address,
phone number, credit card number and expiration date. We may also collect certain
demographic information in connection with your participation in any survey, contest,
sweepstakes, or promotion on the Site such as gender, birth day and month, city,
state and country, websites and personal interests.
Additionally, when you visit our Site, some information is automatically collected,
such as your computer's operating system and browser type, version, and capabilities
Protocol (IP) address and the time and date of your visit, the referring site (if
applicable), as well as screen resolution, color and depth. This information is
tracked through the use of web beacons, cookies and logs.
Cookies. We may automatically collect certain information through the use
of "cookies." Cookies are small files that are stored on your computer
by your browser at the request of a Web site to store your personal preferences.
of computers accessing the Site, to personalize your experience, and to remember
your preferences. If your browser is set not to accept cookies or if you reject
a cookie, you may not be able to access certain features or services of the Site.
Web Beacons. "Web beacons" (also known as "web bugs,"
"action tags," "pixel trackers," or "clear GIFs")
may also be used on the Site or in our emails. Web beacons are small graphic images
placed on a web page, web-based document, or in an e-mail message that allow the
collection of certain information and monitor user activity on the Site or in emails.
Web beacons are invisible because of their size (only 1 by 1 pixel) and because
they are the same color as the background of the web page. Web beacons are used
to collect the IP address of the computer that the Web beacon is sent to, the URL
of the page the Web user comes from and the time the Web beacon is activated (such
as when you view the webpage, advertisement, or e-mail that contains the Web beacon).
HOW WE USE PERSONAL INFORMATION
In general, we use personal information collected on the Site to provide the Services
and otherwise process transactions on the Site, to provide support for the Services,
to respond to user requests and inquiries, to maintain a record of our dealings
with Site users, to develop and improve products and services, to inform users about
products or services we think will be of interest and to allow users to connect
or search for other customers that share similar interests.
When we use your personal information in our marketing efforts, we provide you with
choices (see "Choice," below). We may also receive information from third
parties with whom we have business relationships, and may combine this information
with the other personal information we maintain about you (for example, we may receive
updated information about you, such as an updated billing address, from the financial
institution issuing your credit card in connection with billing for KEEN products).
SHARING PERSONAL INFORMATION
The HybridLife section of the Site is designed as an open and public social community
for connecting and sharing with other people. When you sign up you will be asked
to provide your email address and your name. Your name will be displayed publicly
along with photos, stories, posts, and other information you choose to provide in
your profile including your city, state, country, birth day and month, gender, and
your Web site, blog, and social networking URLS. Certain data such as last name,
birthday and gender can be provided to Keen without displaying to others by choosing
settings of "Don't display." Except for first name, if there is other
information you do not want displayed publicly, you may choose not to include it
in your profile.
We may also post or publish your information when you submit comments, stories,
photos, and videos in connection with surveys, contests, sweepstakes, or promotions
offered on the Site.
We do not share, sell, trade, or rent personal information to third parties, including
for their own marketing purposes without your prior consent except in the limited
circumstances described in this Policy. We may share personal information with third-party
vendors who assist us in operating our business. These functions may include, for
example, analyzing traffic information or other data, providing marketing assistance
to us, mailing items, processing credit card transactions, and fulfilling or delivering
orders. In all cases, we limit the information shared with our third-party vendors
to that which is necessary to carry out those functions.
We also disclose personal information when we believe it is appropriate to comply
with the law (e.g., a subpoena, warrant or court order) or respond to lawful requests
and legal process; to enforce or apply this Policy or our other policies or agreements;
to initiate, render, bill and collect for amounts owed to us; to protect the rights
and property of Keen, our agents, our community members, our customers' and others;
to protect our community members, customers and others from fraudulent, abusive,
or unlawful use of the Site or Services; or if we reasonably believe that disclosure
is needed to respond to an emergency or protect the personal safety of any person.
In addition, information about our customers, including personally identifiable
information, may be disclosed or transferred as part of any merger, acquisition,
debt financing or sale of company assets, as well as in the event of an insolvency,
bankruptcy or receivership in which personally identifiable information could be
transferred to third parties as one of our business assets.
We encourage parents to take an active interest in their children's use of the Internet.
The Site is not designed to collect personal information from children who are under
13 years of age, and we do not intend to or knowingly collect such information.
If you are under 13, you should not provide personal information on our Site.
We use reasonable security measures in an effort to prevent loss, misuse, unauthorized
access, disclosure, destruction and alteration of information while it is under
our control. We cannot, however, guarantee the protection of information against
such events, nor can we promise that your information may be not be disclosed or
accessed by accidental circumstances or by the unauthorized acts of others.
When you register for an account on the Site, we ask you to create a password. To
protect the confidentiality of your personal information, you must keep your password
confidential and not disclose it to any other person. You are responsible for all
uses of the Site by any person using your password. Please advise us immediately
if you believe your password has been misused or otherwise misappropriated.
To opt-out of receiving marketing or other promotional communications from us, to
access, change or delete your personal information maintained by us, or to otherwise
change your choices about how we use your personal information we provide you with
the following options: you may (1) follow the "Unsubscribe" instructions
contained in the communication from us; (2) e-mail us at
firstname.lastname@example.org or (3) write to us at the following address with your
Attn: Online Customer Service
926 N.W. 13th Ave., Suite 210
Portland, Oregon 97209
Opt-out requests will not apply to transactional service messages, including security
alerts and notices about your current account and services.
The My Profile section of the HybridLife Community also allows you to set your preferences
about what is displayed to others. The My Account section also allows you to modify
your HybridShop billing and shipping information.
We welcome your feedback. If you have any comments or concerns about this Policy
or would like to contact us for any reason, you may reach us via e-mail at
email@example.com. Thanks for visiting www.KEENfootwear.com!
WEBSITE TERMS AND CONDITIONS
Date of Last Revision: February 24, 2009
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS
WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS, POLICIES
AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS,
PLEASE DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access
to, and use of, KEEN, Inc.'s ("KEEN”) website at www.KEENfootwear.com (the
"Site"). These Site Terms do not alter in any way the terms or conditions
of any other agreement you may have with KEEN, or its subsidiaries or affiliates,
for products, services or otherwise. If you are using the Site on behalf of any
entity, you represent and warrant that you are authorized to accept these Site Terms
on such entity's behalf, and that such entity agrees to indemnify you and KEEN for
violations of these Site Terms.
KEEN reserves the right to change or modify these Site Terms and/or any policy or
guideline of the Site at any time in its sole discretion. Any changes or modifications
will be effective immediately upon posting of the revisions on the Site, and you
waive any right you may have to receive specific notice of such changes or modifications.
Your continued use of the Site following the posting of changes or modifications
will confirm your acceptance of such changes or modifications. Therefore, you should
frequently review the Site Terms and applicable policies on the Site to understand
the terms and conditions that apply to your use of the Site. If you do not agree
to the amended terms, you must stop using the Site.
If you have any questions about the use of the Site, please send them to
firstname.lastname@example.org or the mailing address listed below.
KEEN collects, uses and discloses personally identifiable information from its users.
2. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the
Site, including, without limitation, the KEEN logo, and all designs, text, graphics,
pictures, information, data, software, sound files, other files and the selection
and arrangement thereof (collectively, the "Site Materials") are the proprietary
property of KEEN or its licensors or users and are protected by U.S. and international
copyright and/or other intellectual property laws.
You are granted a limited, non-sublicensable license to access and use the Site
and electronically copy (except where prohibited without a license) and print to
hard copy portions of the Site Materials solely for your informational, non-commercial
and personal use, or to purchase KEEN products. Such license is subject to these
Site Terms and does not include: (a) any resale or commercial use of the Site or
the Site Materials therein; (b) the collection and use of any product listings,
pictures or descriptions; (c) the distribution, public performance or public display
of any Site Materials, (d) modifying or otherwise making any derivative uses of
the Site and the Site Materials, or any portion thereof; (e) use of any data mining,
robots or similar data gathering or extraction methods; (f) downloading (other than
page caching) of any portion of the Site, the Site Materials or any information
contained therein, except as expressly permitted on the Site; or (g) any use of
the Site or the Site Materials other than for its intended purpose. Any use of the
Site or the Site Materials other than as specifically authorized herein, without
the prior written permission of KEEN, is strictly prohibited and will terminate
the license granted herein. Such unauthorized use may also violate applicable laws
including without limitation copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these Site
Terms shall be construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. This license is revocable at any
3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, KEEN has adopted a policy of terminating, in appropriate circumstances and
at KEEN's sole discretion, subscribers or account holders who are deemed to be repeat
infringers. KEEN may also at its sole discretion limit access to the Site and/or
terminate the accounts of any users who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
4. Copyright Complaints
If you believe that anything on the Site infringes any copyright which you own or control, you may file a notification of such infringement with our Designated Agent ("Agent") as set forth below.
Name of Agent to Receive Notice of Claimed Infringement: Christa DePoe, GM KEEN Online
Address for Sending Notifications to Agent:
926 NW 13th Avenue, Suite 210, Portland, Oregon 97209
Phone Number of Agent: 503-402-1520
Fax Number of Agent: 503-402-1545
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
Please note that the information provided in your notification, including any personal
information contained therein, may be forwarded to the person who has provided the
allegedly infringing content, and your sending us such notification constitutes
your consent to share this information with the alleged infringer.
You should also note that if you make any misrepresentation in your notification
that the material or activity is infringing, you will be liable for all damages,
including costs and attorneys' fees, incurred by us or the alleged infringer as
the result of our relying upon such misrepresentation in removing or disabling access
to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of
a general notice on the Site, e-mail to a user's e-mail address in our records,
or by written communication sent by first-class mail to a user's address in our
KEEN, the KEEN logo, HYBRIDLIFE, and any other product or service name or slogan
contained in the Site are trademarks of KEEN (and/or its suppliers or licensors
as indicated), and may not be copied, imitated or used, in whole or in part, without
the prior written permission of KEEN or the applicable trademark holder. You may
not use any metatags or any other "hidden text" utilizing "KEEN"
or any other name, trademark or product or service name of KEEN without our prior
written permission. In addition, the look and feel of the Site, including all page
headers, custom graphics, button icons and scripts, is the service mark, trademark
and/or trade dress of KEEN and may not be copied, imitated or used, in whole or
in part, without our prior written permission. All other trademarks, registered
trademarks, product names and company names or logos mentioned in the Site are the
property of their respective owners. Reference to any third-party products, services,
processes or other information, by trade name, trademark, manufacturer, supplier
or otherwise does not constitute or imply endorsement, sponsorship or recommendation
You are granted a limited, non-exclusive right to create a text hyperlink to the
Site for noncommercial purposes, provided such link does not portray KEEN or any
of its products and services in a false, misleading, derogatory or otherwise defamatory
manner and provided further that the linking site does not contain any adult or
illegal material or any material that is offensive, harassing or otherwise objectionable.
This limited right may be revoked at any time. You may not use a KEEN logo or other
proprietary graphic of KEEN to link to this Site without the express written permission
of KEEN. Further, you may not use, frame or utilize framing techniques to enclose
any KEEN trademark, logo or other proprietary information, including the images
found at the Site, the content of any text or the layout/design of any page or form
contained on a page on the Site without KEEN's express written consent. Except as
noted above, you are not conveyed any right or license by implication, estoppel
or otherwise in or under any patent, trademark, copyright or proprietary right of
KEEN or any third party.
KEEN makes no claim or representation regarding, and accepts no responsibility for,
the quality, content, nature or reliability of third-party websites accessible by
hyperlink from the Site, or websites linking to the Site. Such sites are not under
the control of KEEN, and KEEN is not responsible for the contents of any linked
site or any link contained in a linked site, or any review, changes or updates to
such sites. KEEN provides links from the Site to third-party websites only as a
convenience, and the inclusion of any link does not imply affiliation, endorsement
or adoption by KEEN of any site or any information contained therein. When you leave
the Site, you should be aware that our terms and policies no longer govern. Please
of any third-party website that you link to from the Site before you use such third-party
7. Third Party Content
The Site may provide access to third party content and/or links to third-party websites
(collectively the "Third-Party Content") as a service to those interested
in this information. KEEN does not have any control over, and does not endorse or
adopt, any Third Party Content and can make no guarantee as to its accuracy or completeness.
KEEN does not represent or warrant the accuracy of any information contained therein
and undertakes no responsibility to update or review any Third Party Content. Users
access and use such Third Party Content at their own risk.
8. Advertisements and Promotions; Third-Party Products and Services
KEEN may run advertisements and promotions from third parties on the Site or may
otherwise provide information about or links to third-party products or services
on the Site. Your business dealings or correspondence with, or participation in
promotions of, such third parties, and any terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and such third
party. KEEN is not responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or promotions or as the result of the presence
of such non-KEEN advertisers or third-party information on the Site.
9. User Content and Conduct
User Content. The KEEN HybridLife Community and other areas of the Site may
include discussion forums, user reviews, blogs, user generated content or other
interactive areas or community features (“Interactive Areas”) in which you or other
users create, post or store content, comments, messages, statements, slogans, materials,
data, information, text, music, sound, photographs, video, graphics, code or other
items or materials on the Site ("User Content"). You are solely responsible
for your use of such Interactive Areas and for the User Content you post. By using
the Site, including without limitation any Interactive Areas, you agree not to post,
upload to, transmit, distribute, store, create or otherwise publish through the
Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, vulgar, indecent, sexually explicit, suggestive, harassing, threatening, invasive
of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that includes or incorporates any identifiable reference to any third-party
person or entity (including, without limitation, names, nicknames, trade names,
brands, slogans, trademarks, logos, images, drawings, photographs, videos, or likenesses
(visual, aural, or otherwise)) without such third-party person or entity's written
- User Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability
or violate any local, state, national or international law, rule or regulation;
- User Content that may infringe any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party. By posting any User Content,
you represent and warrant that you have the lawful right to display, distribute
and reproduce such User Content and to grant KEEN the rights granted in these Site
- User Content that displays, describes or encourages usage of any KEEN products in
a manner that could be offensive, inappropriate or harmful to KEEN or any user or
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses,
phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and/or
- User Content that, in the sole judgment of KEEN, is objectionable or which restricts
or inhibits any other person from using or enjoying the Interactive Areas or the
Site, or which may expose KEEN or its users to any harm or liability of any type.
KEEN takes no responsibility and assumes no liability for any User Content posted,
stored or uploaded by you or any third party, or for any loss or damage thereto,
nor is KEEN liable for any mistakes, defamation, slander, libel, omissions, falsehoods,
deceptive practices, obscenity, pornography, sexually explicit material, profanity
or other harmful material you may encounter. YOUR USE OF ANY USER CONTENT AND INTERACTIVE
AREAS IS AT YOUR OWN RISK. As a provider of interactive services, KEEN is not liable
for any statements, representations or User Content provided by its users. Although
KEEN has no obligation to screen, edit or monitor any of the Content posted in any
Interactive Area, KEEN reserves the right, and has absolute discretion, to remove,
screen or edit any User Content posted or stored on the Site at any time and for
any reason without notice, and you are solely responsible for creating backup copies
of and replacing any User Content you post or store on the Site at your sole cost
Any use of the Interactive Areas or other portions of the Site in violation of the
User Content rules set forth above violates these Site Terms and may result in,
among other things, termination or suspension of your rights to use the Interactive
Areas and/or the Site. In order to cooperate with legitimate governmental requests,
subpoenas or court orders, to protect KEEN's systems and customers, or to ensure
the integrity and operation of KEEN's business and systems, KEEN may access and
disclose any information it considers necessary or appropriate, including, without
limitation, user profile information (e.g., name, e-mail address, etc.), IP addressing
and traffic information, usage history, and posted User Content.
User Conduct. By using the Site, including without limitation any Interactive
Areas, you agree not to:
- Use the Site or Interactive Areas in any unlawful manner or in any manner that could
damage, disable, overburden or impair the Site;
- Harvest or collect email addresses or other contact information of other users from
the Site or Interactive Areas by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- Use any robot, spider, crawler, scraper or other automated means or interface not
provided by us to access the Site and/or Interactive Areas or to extract data;
- Use automated scripts to collect information from or otherwise interact with the
Site or Interactive Areas;
- Register for more than one User account, register for a User account on behalf of
an individual other than yourself, or register for a User account on behalf of any
group or entity unless you are fully authorized to do so;
- Impersonate any person or entity or otherwise misrepresent your age or you affiliation
with a person or entity;
- Violate any local, state, national or international law;
- Solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account without authorization from KEEN;
- Attempt to circumvent any content filtering techniques we may employ;
- Attempt to access any service or area of the Site (including, without limitation,
any Interactive Areas) that you are not authorized to access; o
- Engage in any harassing, intimidating, predatory or stalking conduct.
KEEN is not responsible or liable for the conduct of, or your interactions with,
users of the Site (whether online or offline), nor is KEEN responsible or liable
for any loss, damage, injury, or harm associated therewith. Although KEEN has no
obligation to monitor any user conduct on the Site or in any Interactive Area, KEEN
reserves the right, and has absolute discretion, to monitor any user conduct on
the Site at any time and for any reason without notice. KEEN does not approve or
endorse any user-posted meetings or events referenced on the Site, and KEEN recommends
exercising caution before contacting or meeting anyone (online or offline) that
is unfamiliar. You use of the Site is at your own risk. Any use of the Site in violation
of the user conduct rules set forth above violates these Site Terms and may result
in, among other things, termination or suspension of your rights to use the Interactive
Areas and/or the Site.
10. Ownership of User Content and Other Submissions
Except as otherwise expressly stated by KEEN, KEEN does not claim ownership of any
User Content or other materials you post or upload on the Site or otherwise provide
or submit to KEEN (including, without limitation, questions, comments, statements,
stories, suggestions, testimonials, ideas, plans, notes, drawings, photographs,
videos, text and other content or materials) (collectively "Submissions").
However, by posting, uploading or otherwise providing any Submission, you expressly
and automatically grant KEEN, and its successors, assigns, licensees, representatives,
and agents, the royalty-free, perpetual, irrevocable, non-exclusive, worldwide,
and fully sublicenseable right and license to use, reproduce, modify, adapt, publish,
perform, display, translate, create derivative works from, and distribute such Submission
(in whole or in part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or later developed, for any purpose that KEEN chooses,
whether internal, public, commercial, or otherwise, without any compensation, credit
or notice to you. Such license shall include, without limitation, the right to use
your Submission on the Site and in our advertising and other promotions. You also
grant use the right to publish your name in connection with your Submission. KEEN
is not obligated to use, publish, or disseminate any Submission you provide and
may remove any Submission posted on the Site (or elsewhere) at any time in KEEN's
By posting, uploading, inputting, providing or submitting your Submission to KEEN
you represent and warrant that (a) your Submission is non-confidential; (b) you
own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions and to grant these rights to KEEN;
(c) your Submission is accurate and not misleading or harmful in any manner; (d)
your Submission does not and will not, infringe upon or violate any of the rights
of any third party; and (e) your Submission will not violate any of these Site Terms
or any applicable law, rule or regulation. All submissions are subject to, and by
making any Submissions you hereby agree to, the terms of the
KEEN Submission Agreement.
By participating in KEEN promotions, including without limitation KEEN sweepstakes
and contests, you agree that KEEN may use your information for marketing and promotional
11. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and
any other information you provide to KEEN, to keep it accurate, current and complete;
and (d) accept all risks of unauthorized access to the Registration Data and any
other information you provide to KEEN.
You agree to defend, indemnify and hold harmless KEEN, its parent companies, subsidiaries,
and affiliates and each of their respective independent contractors, service providers,
consultants, directors, members, employees, agents, agencies, and professional advisors
(individually and together, the "KEEN Parties"), from and against any
claims, damages, costs, liabilities and expenses (including, but not limited to,
reasonable attorneys' fees) arising out of or related to any content you post, store
or otherwise transmit on or through the Site (including, without limitation, and
User Content and Submissions) or your use of or inability to use the Site (including,
without limitation, the Interactive Areas), including without limitation any actual
or threatened suit, demand or claim made against the KEEN Parties, arising out of
or relating to the User Content, your conduct, your violation of these Site Terms
or any other KEEN terms, policies or agreements available on or through the Site,
or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY KEEN, THE SITE, THE SITE
MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH
(THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEEN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION,
CONTENT AND MATERIALS IN THE SITE. KEEN DOES NOT REPRESENT OR WARRANT THAT THE SITE
MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
KEEN DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. KEEN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE
OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE
FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY
THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND KEEN DOES NOT ENDORSE
OR APPROVE AND SUCH REVIEWS OR COMMENTS.
KEEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT OR PHOTOGRAPHY. WHILE KEEN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE
AND THE SERVICES SAFE, KEEN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE
OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU
SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY
KEEN reserves the right to change any and all content contained in the Site and
any Services offered through the Site at any time without notice. Reference to any
third-party products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof, or any affiliation therewith, by KEEN.
14. Limitation of Liability
IN NO EVENT SHALL KEEN OR ANY KEEN PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE
SITE MATERIALS OR OTHER MATERIALS OR INFORMATION CONTAINED IN OR ACCESSED THROUGH
THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE
BY USER ON ANY INFORMATION OBTAINED FROM KEEN, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO KEEN'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY
OF KEEN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING
OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION
YOU PAY, IF ANY, TO KEEN FOR ACCESS TO OR USE OF THE SITE.
15. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in
accordance with the laws of the State of Oregon, applicable to agreements made and
to be entirely performed within the State of Oregon, without resort to its conflict
of law provisions. You agree that any action at law or in equity arising out of
or relating to these Site Terms shall be filed only in the state and federal courts
located in Multnomah County, Oregon and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit, action
or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, KEEN reserves the right, without notice
and in its sole discretion, to terminate your license to use the Site, and to block
or prevent your future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Site Terms
and shall not affect the validity and enforceability of any remaining provisions.
18. Questions & Contact Information
Questions or comments about the Site may be directed to KEEN at following postal
and email addresses:
ATTN: Online Customer Service
926 NW 13th Avenue, Suite 210
Portland, Oregon 97209
KEEN, INC. Official Contest Rules Effective 5/1/2010
By participating, you agree that:
- THIS CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (EXCLUDING FLORIDA AND NEW YORK) AND THE DISTRICT OF COLUMBIA AGE 18 OR OLDER (OR THE AGE OF MAJORITY IN ENTRANT'S STATE OF RESIDENCE). IF YOU DO NOT MEET THESE CRITERIA YOU ARE NOT ELIGIBLE.
- These Official Contest Rules may not be waived, modified, or supplemented except by the KEEN. No modification of these official contest rules shall be enforceable unless made by the KEEN.
- The contest drawing shall be held at KEEN in Portland, Oregon or the then location of the current contest. All tickets must be received by the drawing date to be eligible for the drawing.
- Each ticket will be entered separately in the drawing. Each ticket is a separate and equal chance to win the KEEN contest and no purchase or consideration is necessary.
- Winner has ten (10) days to take delivery of the prize or make other arrangements with KEEN unless presence is stipulated by the specific contest.
- Winner notification will be made by telephone, email, mail or in person depending on the location and specific additional rules of the contest.
- The contest period will be as stated for your specific contest on the entry form/ticket provided. All entries must be received by the deadline to be eligible to win a prize
- Successive alternate backup winners will be drawn and held by the KEEN judges, but not announced in case the first winner does not claim the prize as stipulated by the rules or is otherwise ineligible.
- Odds of winning a prize depend on number of eligible entries received. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
- Winner(s) may be required to sign an affidavit of eligibility at the discretion of KEEN.
- Winner is solely responsible for all taxes, registration, title, transfer fees, license duties, insurance and all expenses in claiming, registering and using the prize. This may include sales taxes and property taxes. KEEN has no liability with regard to taxes and fees for the prize.
- In the event the prize is lost, damaged, destroyed, or otherwise not available, KEEN’s liability shall be limited to refund of ticket price to participants. KEEN’s liability for any other claim is limited to refund of ticket prices.
- Winner agrees to the use of his/her name, address, photograph or videotape likeness and statements for publicity purposes by KEEN, and agrees to sign a publicity release without any further compensation.
- KEEN reserves the right to cancel this contest at any time, in which event its liability is limited to refund of ticket prices to participants.
- Entries by KEEN or Co-Sponsors’ employees, board members and their immediate families are prohibited. Immediate family includes spouse, children, and children’s spouse.
- For a copy of the winner names, visit www.keenfootwear.com or send a stamped, self-addressed, business-size envelope after the contest but within thirty (30) days of the contest ending to Sponsor at the address this address: Attn: KEEN Contest Winners List
926 NW 13th Ave. Suite 210
Portland, Oregon 97209
Residents of VT may omit return postage.
- THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, AND IS VOID WHERE PROHIBITED, TAXED, OR OTHERWISE RESTRICTED.
- The contest and all accompanying materials are copyright 2010 by Sponsor. All rights are reserved.