Published February 1st, 2021
The skechers.ca website (the “Site”) is a service of SKECHERS USA Canada, Inc., a wholly owned subsidiary of SKECHERS USA, Inc. (“SKECHERS”). These Terms and Conditions, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Terms”), set forth the terms and conditions under which you may use and access the Site, and the terms and conditions that apply to the sale of products sold on the Site.
BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.
You represent and warrant that you are 13 years of age or older and are visiting the Site under the supervision of a parent or guardian if you are under the age of majority in your jurisdiction (if this is a local requirement in your jurisdiction of residence). If you have any questions regarding the Site, these Terms or have any other customer service needs, please contact us at:
SKECHERS USA CANADA Inc. Customer Service
1-833-846-5891 (Mon-Fri 9 :00am to 5 :00pm Eastern Time)
Copyright
The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as individual works and as a collective work under Canadian and other foreign copyright laws, and is the property of SKECHERS and/or its licensors. The collective work includes works that are licensed to SKECHERS USA, Inc. II Copyright 2017, SKECHERS. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with the Site. You may also display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with the Site or to purchase SKECHERS products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorized by SKECHERS USA, Inc. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Site. SKECHERS’ (and any other identified contributors’) authorship of the content of this Site must always be acknowledged. If you print, copy or download any part of the Site in violation of these Terms, your right to use the Site will cease immediately and you must destroy any copies of materials you have made.
Trademarks/Intellectual Property
All trademarks, service marks and trade names of SKECHERS used in the Site (including but not limited to the SKECHERS name) are trademarks or registered trademarks of SKECHERS USA, Inc. II and/or its licensors. They may not be used without SKECHERS’ prior written permission. Any other intellectual property on the Site, including but not limited to patents, issued or pending, are the sole property of SKECHERS USA, Inc. II and/or its licensors.
Purchases
All purchases placed through the Site are subject to SKECHERS’ acceptance, which is in its sole discretion. Without limitation, this means that SKECHERS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, SKECHERS reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit card has already been charged for a purchase that is subsequently cancelled, SKECHERS shall issue a credit to your credit card account.
Pricing
SKECHERS makes every attempt to properly price all items, but errors occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. SKECHERS reserves the right to cancel orders which include a pricing or discount error.
Warranty Disclaimer
To the fullest extent permissible pursuant to applicable law, the Site and the materials on the Site are provided “as is” and without warranties, conditions or guarantees of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SKECHERS disclaims all warranties, conditions and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SKECHERS does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. SKECHERS does not make any warrantees or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Use of Information Submitted
We use the personal information you provide and that we collect about you in accordance with our Privacy Policy which is available here. You agree that SKECHERS is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services. You grant SKECHERS a license to use such content to the extent necessary.
Participation Disclaimer / Use Restrictions
SKECHERS does not and cannot review all communications and materials posted to or created by shoppers and customers accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Generated Content on the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities on the Site. The views expressed by third parties on our Site do not necessarily reflect our views or values.
You may not post or otherwise distribute content to the Site which SKECHERS in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of SKECHERS or another party, illegal, or otherwise objectionable to SKECHERS. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. Where permitted or required by applicable law, SKECHERS may disclose your identity to a third party who claims that material posted or uploaded by you to the Site violates SKECHERS’ intellectual property rights, privacy rights or is defamatory.
For the purposes of this Section, “User Generated Content” means a work by you that could be eligible for copyright or other protection, whether or not integrating the Site’s content or third party content.
Indemnification
To the fullest extent permissible pursuant to applicable law, you agree to indemnify, defend, and hold harmless SKECHERS, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees and expenses, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, SKECHERS shall not be liable for any special, incidental, indirect, consequential or punitive damages that result from the Site, its services or content, including, without limitation, use of, or the inability to use, the materials on the Site or the performance of the products purchased through the Site, even if SKECHERS has been advised of the possibility of such damages. The maximum liability of SKECHERS to you will be the total amount of the purchase price, if any, arising from the transaction and use of the Site giving rise to the liability. Applicable law may not allow the limitation of exclusion of liability or certain incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Governing Law
If you reside outside of Quebec, these Terms and the Site and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction. If you reside in Quebec, these Terms and the Site are governed by the laws of the Province of Quebec and the federal laws applicable in that province. The application of the United Nations Convention on Contracts for the International Sale of Goods and any local implementing legislation related thereto is hereby expressly excluded.
Miscellaneous
These Terms and all other notices, policies and statements contained on the Site (all as may be amended by SKECHERS from time to time without prior notice) constitute the entire agreement between SKECHERS and you. Hyperlinks on the Site are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. SKECHERS has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site. You agree that any notice, agreement, disclosure or other communication that SKECHERS sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. SKECHERS’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct the parties nor trade practice shall act to modify any of these terms and conditions. SKECHERS may assign its rights and duties under These Terms to any party at any time without notice to you. These Terms have been drawn up in the English language at the express request of the parties.
Termination and Effect of Termination
These terms and conditions are applicable to you upon your accessing the Site. SKECHERS reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by SKECHERS without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
