PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING, OR PARTICIPATING IN OUR IN-STORE SERVICES, IN-PERSON PROMOTIONAL ACTIVITIES, WEBSITES OR OTHER ONLINE OR MOBILE SERVICES OR APPLICATIONS (THE “SERVICES”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING YOU AND BROOKS TO RESOLVE MOST DISPUTES IN ARBITRATION SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH BROOKS, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18(j). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
These Terms of Use (“Terms”) are a binding legal agreement between you and Brooks Sports, Inc. and its subsidiaries (collectively, “Brooks” or “we”), and apply to your access to, and use of, the Services, including any purchase you make through the Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Brooks for products, services or otherwise. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us.
Brooks reserves the right to change or modify these Terms at any time and in our sole discretion. We will provide you with notice of such changes, such as by sending an email or by posting the revisions on the Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Services will confirm your acceptance of such changes. If you do not agree to the amended terms, you must stop using the Services.
1. Privacy Policy
Please refer to our Privacy Policy for information about how Brooks collects, uses and discloses the personal information of our users.
2. Terms of Sale
All sales made through the Services are governed by this Section 2 (our “Terms of Sale”). These Terms of Sale are subject to change without notice.
a. Pricing; Orders; Taxes
All prices are shown in U.S. dollars and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order. By placing an order, you are making an offer to Brooks to purchase products, which is subject to our acceptance. We may reject any order. Order confirmation emails are subject to product availability. All prices are subject to change without notice.
You are responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase.
b. Errors
We attempt to be as accurate as possible; however, we do not represent or warrant that product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged.
c. Discounts
Brooks may offer discounts or discount programs, which may be changed or revoked at any time. You may not share discounts with third parties. Discounts may not be combined with other offers.
d. Pre-Orders
We may offer you the ability to pre-order select products. You must complete the checkout process to confirm your pre-order. We will not charge you until the product becomes available. An authorization charge may result in a temporary hold on your account.
e. Out-of-Stock Items; Back-Orders
Items not shown as available are not available for purchase. Items available for back-order will be labeled. An estimated ship date may be included. Our inventory is subject to change.
f. Order Delays; Cancellation
We reserve the right to delay, refuse, or cancel any order prior to delivery. We will contact you if any portion of your order is canceled or if additional information is required.
g. Shipping & Handling; Export
You will pay all shipping and handling charges shown at checkout. All orders are shipment contracts; title and risk of loss pass to you upon our delivery to the carrier. Any shipping dates are estimates only, and we are not liable for delays.
h. Payment; Credit for Refunds
Only valid payment methods acceptable to us may be used, and all refunds will be credited to the same method. By submitting an order, you represent that you are authorized to use the designated payment method. You are responsible for all charges incurred.
i. Returns and Exchanges
If you are not completely satisfied with your purchase within the first ninety (90) days, you can request to return or exchange your product pursuant to our Run Happy Promise. Proof of purchase is required.
After we receive your valid return, we will, at our option, provide: (a) an exchange, (b) merchandise credit, (c) a gift card, (d) a credit to your payment method, (e) a check, or (f) another remedy we determine is appropriate.
To return Brooks products purchased from another retailer, please contact that retailer. If they are unable to assist you, contact Brooks Customer Service.
j. Restrictions
All sales must be for personal use. You may not purchase products for resale. We may place limits on purchase quantities and refuse service to any customer.
3. Eligibility, Registration and Account
a. Eligibility
You may not use the Services if you are under the age of 13. If you are under 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to these Terms.
b. Registration
When registering for an account, you agree to provide accurate and complete information, maintain the security of your password, and promptly notify Brooks of any security breaches.
c. Brooks Run Club Membership Account
The Brooks Run Club is a membership program for eligible U.S. residents 18 or older. Only one Membership is permitted per person.
Benefits: Benefits are offered solely at Brooks’ discretion and may be changed or removed at any time. They may include exclusive content, expedited shipping, early access to products, and gift codes.
Reservation of Rights: Brooks reserves the right to modify or discontinue the Program or its Benefits at any time.
4. Copyright and Limited License
The Services and all content therein (“Content”) are the proprietary property of Brooks or our licensors and are protected by copyright laws.
You are granted a limited, non-exclusive, revocable license to access and use the Services for your personal, noncommercial use. This license does not include any resale or commercial use; the distribution, public performance or public display of any Content; modifying the Services; or using data mining or similar data gathering methods.
5. Trademark
“Brooks,” “Brooks Running,” and the Brooks logo are trademarks of Brooks Sports, Inc. and may not be used without our prior written permission. All other trademarks are the property of their respective owners.
6. Third-Party Content
The Services may contain links to third-party web pages or content. Brooks does not control, endorse, or adopt any Third-Party Content and makes no representations about its accuracy or completeness. Your dealings with third parties are solely between you and them.
7. User Content
The Services may allow you to post content (“User Content”). You are solely responsible for your User Content. You agree not to post User Content that is unlawful, libelous, defamatory, obscene, harassing, or otherwise objectionable.
Brooks is not liable for any User Content. We reserve the right to remove any User Content at any time without notice.
8. Product Reviews
We may provide opportunities for you to post Product Reviews. You agree to state your opinions lawfully, honestly, and in good faith. All Product Reviews are strictly the opinion of the user posting them, and Brooks does not endorse or approve of any such reviews.
9. Physical Activity & Safety
Content related to physical activity is for informational purposes only and is not medical advice. Consult a physician before starting any new exercise program. You assume all risks associated with engaging in any physical activity.
10. Disclaimer
THE SERVICES, THE CONTENT, AND ALL BROOKS PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. BROOKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BROOKS DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, OR ERROR-FREE.
11. Limitation of Liability
IN NO EVENT SHALL BROOKS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE BROOKS PRODUCTS OR SERVICES. THE AGGREGATE LIABILITY OF BROOKS SHALL NOT EXCEED THE GREATER OF $10 OR ANY COMPENSATION YOU PAY TO BROOKS FOR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES.
12. Indemnification
You agree to indemnify and hold harmless Brooks and its officers, directors, agents, and employees from any claims, damages, or expenses arising out of your use of the Services, your User Content, your violation of these Terms, or your violation of the rights of another.
13. Arbitration (PLEASE READ CAREFULLY)
This section requires you to arbitrate disputes with Brooks and limits the manner in which you can seek relief.
a. Agreement to Arbitrate: You and Brooks agree to resolve any “Claim” (any dispute, claim, or controversy, excluding exceptions below) through binding arbitration on an individual basis, not as a class action or representative proceeding.
b. Exceptions: This arbitration provision does not apply to individual disputes that qualify for small claims court or disputes related to the intellectual property rights of you or Brooks.
c. Informal Resolution: Before filing an arbitration, you and Brooks agree to attempt to resolve the Claim informally for 45 days.
d. Arbitration Procedures: Any arbitration will be conducted by the American Arbitration Association (AAA) according to its rules. The arbitrator will have exclusive authority to resolve all disputes.
e. Opt-Out: You can opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your full name, address, and a clear statement of your intent to opt out.
14. Applicable Law
Any dispute arising from these Terms will be governed by the laws of the State of Washington, without regard to its conflict of law rules. If a dispute is not subject to arbitration, the state and federal courts located in King County, Washington, will have exclusive jurisdiction.
15. Termination
We reserve the right to modify, suspend, or terminate the Services at any time. We may also terminate your right to use the Services without notice.
16. Severability
If any provision of these Terms is deemed unlawful or unenforceable, that provision shall be severed, and the validity of the remaining provisions shall not be affected.
17. Contact Information
If you have a question or complaint regarding the Services, please contact:
Email: [email protected]