Terms and Conditions
Equation Research LLC (“Equation”) operates this Web site pursuant to agreements with The Timberland Company (“Timberland”). Timberland and Equation are hereinafter referred to as “we” or “us”. This Web site together with any software, games, applications, features, functionality, information, content and other materials made available at the Web site are collectively referred to herein as the “Web Site”.
PLEASE READ THESE TERMS AND CONDITIONS (the “Terms and Conditions”) CAREFULLY BEFORE USING THIS WEB SITE. WE MAY REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME IN OUR DISCRETION. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS. YOUR USE OF THE WEB SITE CONFIRMS YOUR UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THE THEN CURRENT TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEB SITE.
1. Permitted Uses of the Web Site; Restrictions.
(a) You will not post,
publish, reproduce, transmit, distribute or otherwise view, use or exploit
the Web Site in a manner that: (i) is inconsistent with these Terms
and Conditions; (ii) violates any federal, state or local law, rule,
regulation or order, or (iii) could damage, disable, overburden, or
impair the Web Site or interfere with any other party’s use and enjoyment
of the Web Site.
(b) You will not transmit,
distribute, introduce or otherwise make available in any manner through
the Web Site any computer virus, keyloggers, spyware, worms, Trojan
horses, timebombs or other malicious or harmful programming (collectively,
“Viruses”). We do not have an obligation to detect the presence
of such Viruses. If you download software or any other content
from the Web Site, you do so at your own risk.
(c) The Web Site and
all text, audio, video, pictures, music, images, graphics, information,
content, and other material displayed on, or downloadable from, this
Web Site are either the property of, or used with permission by, Timberland
and/or Equation and are protected by copyright, trademark and other
laws and may not be used except as permitted in these Terms and Conditions
or with the prior written permission of the owner of such material.
You may not modify the information or materials located on this Web
Site in any way or reproduce or publicly display, perform, or distribute
or otherwise use any such materials for any public or commercial purpose.
Any unauthorized use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and publicity, and other
laws and regulations.
2. Products, Content and Specifications. This Web Site, including any software, features, applications, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice.
3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site.
4. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Timberland, Equation and/or our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site 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 this Web Site without our written permission or the written permission of such third party owner.
5. Linking to this Web Site. Creating or maintaining any link from another mobile or non-mobile Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another mobile or non-mobile Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations and any applicable policies of Timberland.
6. Third Party Links. From time to time, this Web Site may contain links to Web sites 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 this Web Site. Neither we nor any of our affiliates are responsible for any content, materials 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, materials 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 this Web Site, you do so entirely at your own risk.
7. User Information.
Other than personally identifiable information, which is subject to
suggestions, content, ideas, concepts, know-how, techniques, questions,
comments or other communication you transmit or post to this Web Site
in any manner ("User Communications") are and will be considered
non-confidential and non-proprietary. You hereby grant to us,
and our respective affiliates and/or designees, a perpetual, royalty-free,
irrevocable, worldwide license to the User Communications to use, transmit,
copy, reproduce, distribute, publicly perform, publicly display, and
prepare derivate works based upon such User Communications in any and
all media now known or hereafter to become known for any and all commercial
and non-commercial purposes. We may, but are not obligated to,
monitor or review any User Communications. We shall have no obligation
to use, return, review, or respond to any User Communications. We will
have no liability related to the content of any such User Communications,
whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. We retain the right to remove any or all User
Communications that includes any material we deem inappropriate or unacceptable.
8. Inappropriate Material. You are prohibited from posting or transmitting to this Website 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; (infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright and right of publicity; (iii) 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; (iv) advertising or an offer to sell or buy any goods or services; (v) considered a criminal offense or to give rise to civil liability or constitutes encouragement of the same; or (vi) otherwise objectionable or in violation of any federal, state or local 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 this Web Site 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.
9. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE 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 SITE OR ANY MATERIALS, CONTENT, INFORMATION OR SERVICES PROVIDED OR MADE AVAILABLE THEREIN. THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE WEB SITE. 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.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. 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 this Web Site or your downloading of any materials, content and information from this Web Site. 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 THIS WEB SITE 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 THIS WEB SITE, ANY MOBILE OR NON-MOBILE WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT 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.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES OF THE FORGOING.
11. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD US, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS AND RETAIL PARTNERS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) INCURRED IN CONNECTION WITH ANY THIRD PARTY CLAIM, DEMAND OR ACTION ARISING FROM OR IN CONNECTION WITH (I) YOUR BREACH OF THESE TERMS AND CONDITIONS OR (II) YOUR USE OF THIS WEB SITE. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD PARTY CLAIM WITHOUT OUR CONSENT.
12. Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you
and us to the extent necessary to resolve any inconsistency or ambiguity
between them. These Terms and Conditions will be governed by and construed
in accordance with the laws of the State of New Hampshire, without giving
effect to any principles of conflicts of laws. A printed version of
these Terms and Conditions shall be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
13. Copyright Infringement
(a) We respect the intellectual
property rights of others and expect users of this Web Site 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
Piece Atwood LLP
One Monument Square
Portland, ME 04101
States of America
via e-mail to: email@example.com
(b) All claims of infringement
must be in writing and must contain the following information:
(i) A physical
or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(v) 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) If you allow your
minor child or a child for whom you are a legal guardian (a “Minor”),
to access the Web Site, you will be solely responsible for: (i) the
online conduct of such Minor; (ii) monitoring such Minor’s access
to and use of the Web Site; and (iii) the consequences of any use of
the Web Site 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,
affiliated or endorsed by Equation or Timberland).
16. Termination. You
or we may suspend or terminate your use of this Web Site at any time,
for any reason or for no reason. We reserve the right to change, suspend,
or discontinue all or any aspect of this Web Site at any time without
If any part of these Terms and Conditions is determined to be invalid
or unenforceable pursuant to applicable law, rule, regulation or order,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue
in effect. Certain provisions of these Terms and Conditions may
be superseded by expressly designated legal notices or terms located
on particular pages at this Web Site.
18. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 1-800-445-5545.