Terms of Use

Welcome to the C & J Clark America, Inc. (“Clarks”) websites, which include but are not limited to www.clarksusa.com and www.bostonianshoe.com (the “Sites”). Please carefully read and review the following terms and conditions (“Terms”), as they govern your use of our Sites. By accessing our Sites, you agree to abide by these Terms. If at any time you do not agree to these Terms, please refrain from entering or using our Sites.


General use and changes to our site
These Terms constitute the entire agreement and understanding between you and Clarks, and they supersede any and all prior communications and agreements relative to your relationship with Clarks. Clarks provides you with access to our Sites subject to your compliance with these Terms. In the event such Terms are violated, Clarks reserves the right to seek any and all available remedies afforded to us by the law. We may terminate your access to our Sites at any time, for any reason or no reason, and without prior notice to you.

Please review these Terms each and every time that you access our Sites, as they may be revised periodically. It is your responsibility to stay up to date on any changes, as your continued use of our Sites following any posted revisions constitutes your agreement to be bound by the revised Terms. Clarks reserves the right, at any time and in our sole discretion, to revise these Terms in any manner we deem necessary. Any and all changes will take effect once posted.


Products and pricing
Many of the products displayed on our Sites can be found in our retail stores and in those of our authorized retail partners, located throughout the United States. In certain instances, merchandise may be available for purchase exclusively through our Sites. Products are subject to availability, as some of the displayed merchandise may be out-of-stock, discontinued, or unavailable in your size. Clarks does not represent or warrant that any products displayed on our Sites will be available, through the internet or in any of our retail or approved stores, at any specific time.

Clarks reserves the right to limit order quantities, or to outright refuse orders, without reason or prior notice. In the event such limitation or refusal occurs, we will attempt to get in touch with you using the contact information you provided to us. Customers of our Sites are not authorized to purchase any items for resale purposes, nor are customers permitted to resell any products purchased through our Sites. Orders placed by unauthorized vendors or resellers will not be honored.

All prices are quoted in U.S. dollars and subject to change. In the event of any typographical pricing errors, omissions, or inconsistencies, Clarks reserves the right to refuse or cancel any orders placed for products incorrectly priced, regardless of whether your credit card has been charged or a confirmation was sent. In the event that your credit card was charged for the incorrect amount and your order is cancelled, Clarks will reimburse your credit card for the full amount you were charged.


Colors
Clarks has made every effort to accurately display the colors of our products. The settings on your computer and the monitor that you use may affect the actual color that is displayed, and as such, we cannot guarantee that the colors you see will be accurate.


Trademarks
All trademarks, service marks, trade names and logos found on our Sites are trademarks or registered trademarks of Clarks, our affiliates, or independent third parties whose materials or technologies we legally integrate into various products found on our Sites, or whose services we utilize to support our business operations. Clarks retains all rights in our trademarks and other intellectual property, as outlined by U.S. trademark laws and applicable international laws and treatises. A list of our trademarks can be found on the Trademarks page, located at the bottom of your screen.

No license or right to use any of Clarks’ trademarks, service marks, trade names or logos is granted to you as a result of your visitation to our Sites or agreement to these Terms. You agree not to use Clarks’ trademarks or other intellectual property in any manner without Clarks written authorization. Any unauthorized use of our trademarks or other intellectual property is strictly forbidden, and may result in legal liability.


Copyright infringment complaints
Clarks respects the intellectual property rights of third parties. If you believe that anything on our Sites infringes upon any copyright which you own or control, please notify our legal department by providing them with the following information, in its entirety, as outlined in 17 U.S.C. § 512:

1.

A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;

2.

A description of the copyrighted work or works that you claim have been infringed;

3.

A description of where on our Sites we can find the work or works that you claim have been infringed;

4.

Your name, address, telephone number, and e-mail address;

5.

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law;

6.

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner who has allegedly been infringed.

All notices should be sent to:

The Clarks Companies
Attn: Legal Department
156 Oak Street
Newton Upper Falls, MA 02464


Please note that by sending the above information you are only notifying Clarks of any alleged infringements, you are not commencing any legal proceedings or claims.


Content ownership
The collective content of our Sites, including without limitation any design, text, pictorial or graphic components, is protected under U.S. copyright laws. All content is provided solely for your personal and non-commercial use. Any commercial or derivative use of our Sites is strictly prohibited, and this includes without limitation the distribution, modification, publication, sale or public display of any content obtained from our Sites. Clarks reserves the right to protect our intellectual property and site contents to the fullest extent afforded to us by the law.


User Generated Content
You are solely responsible for any comments, feedback, reviews, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit to our Sites ("User Generated Content" or "Content"), and for any consequences that result from such submissions. Clarks expressly disclaims any and all liability in connection with User Generated Content.

All User Generated Content submitted to our Sites shall be deemed non-proprietary and non-confidential. Clarks shall be free to use, reproduce, modify, publish, incorporate, exploit, develop and distribute such Content and any ideas contained therein, without restriction or cost and through any medium now known or later developed. Clarks does not solicit or accept any ideas, proposals, concepts, materials, or suggestions for future products, services, marketing campaigns, or partnerships ("Business Ideas"). Business Ideas that you submit are considered User Generated Content, and thus they may be freely utilized or otherwise exploited by Clarks without restriction and without compensating you in any way. You are solely responsible for ensuring that the Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties.

Clarks reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Clarks may monitor and review the Content submitted to our Sites, but we are under no obligation to do so. You understand that by accessing our Sites you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Clarks be liable for any User Generated Content or for any damages resulting from such Content. Clarks does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained therein.


Third Party Submissions
Clarks takes no responsibility, and assumes no liability, for any and all submissions made by third parties. Clarks does not solicit or accept any creative ideas, proposals, concepts, materials, or other suggestions. Any creative ideas or materials extended to Clarks may be freely used and developed, without limitation or liability.


Prohibited conduct
Clarks expressly prohibits certain conduct on our Sites. Any and all illegal, tortious, or otherwise unauthorized acts associated with your use of our Sites will not be permitted. The following provides a list, without limitation, of conduct which is forbidden. All users of our Sites agree not to:

Partake in any harassing, abusive, obscene, or otherwise intimidating conduct, whether through electronic or oral communications.

Provide false or inaccurate information, regardless of whether it is your own or that of a third party.

Interrupt, compromise, or otherwise interfere with our Sites, or attempt to perform such acts.

Access, or attempt to access, any data or other information which is not your own by way of entering into a secure Clarks server, account, file, or database. Any breach of security, whether successful or attempted, may result in criminal or civil liability.

Upload or transmit any viruses, corrupted files or links, or any data which could potentially damage our Sites, software, or equipment, or those of any third party.

Post or submit User Generated Content which is unlawful, libelous, fraudulent, threatening, pornographic, obscene, defamatory, infringing of intellectual property rights, soliciting of business or services, or otherwise offensive to any third party.

Post or submit User Generated Content in an excessive, disruptive, or repetitive manner.

Access or use the member account of any third party, or attempt to perform such acts.




Personal information
All personal information submitted through our Sites will be governed in accordance with the terms of our Privacy Policy.


Password protection
Clarks allows you the option of becoming a registered member of our Sites through the “My Account” feature. In order to set up your personal account, we require that you create a personal and confidential password, which must be reproduced every time that you log in. You are responsible for protecting the confidentiality of your password and maintaining control over who has access to your account. You agree to accept sole responsibility for any and all activities that occur under your account. In the event that your account has been compromised and your password wrongfully obtained, please notify Clarks immediately.


Linking
Our Sites may contain links to third party websites not under Clarks' control. Clarks has no responsibility for, and does not endorse, any linked websites. Such linked websites may have their own Terms of Use and Privacy Policies which govern your access and use of their websites. Clarks is not liable for any damages or obligations incurred as a result of your visitation to any third party websites.

Certain third party websites may contain links to our Sites. Clarks does not endorse any websites which offer links to our Sites, nor are we affiliated with any such websites. In the event you have accessed our Sites by clicking a link from a third party website, please understand that your visitation and use of our Sites is governed by these Terms, not those of the third party website from where you came.


International users
Our Sites are owned, and intended to be used, from within the United States. Clarks does not represent or warrant that the materials found on our Sites are appropriate for use outside of the United States. In the event you choose to access our Sites from outside of the United States, you do so on your own accord and in full recognition of any local laws, regulations, or restrictions that may apply.


Disclaimer
Our Sites, and the products found on our Sites, are provided “as is” and without warranties of any kind. Clarks expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, and any warranties of title or non-infringement. Clarks does not represent or warrant that our Sites, or their function, downloadable materials, contents or any services that they herein provide, will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory, or cured of any defects. Clarks is not responsible for any damages incurred as a result of your use of our Sites, as your visitation and use of our Sites is done at your own risk.

In the event your jurisdiction does not allow for a disclaimer of implied warranties, the abovementioned disclaimer may not apply to you.



Limitation of liability
You assume all responsibility and risk associated with your use of our Sites. Under no circumstances will Clarks, or any of its directors, employees, agents, affiliates, licensors, manufacturers, or suppliers, be liable for any consequential, indirect, special, incidental, or punitive damages related to the use of our Sites or any linked websites, including but not limited to any lost profits or revenues, anticipated profits or revenues, lost data or business opportunities, damages arising out of any defects, malfunctions, or other performance-related failures of our Sites, personal injuries to you or any third party, or any other tangible or intangible losses or damages. Your lone remedy in response to any discontent with our Sites is to stop accessing our Sites. Any claim or cause of action arising out of or related to your use of our Sites must be commenced within one (1) year from the time the claim or cause of action transpires, or such claim or cause of action is permanently and forever forfeited.

In the event your jurisdiction does not allow for liability limitations, the abovementioned Limitation of Liability may not apply to you.


Indemnification
You agree to indemnify, defend, and hold harmless Clarks, its directors, employees, agents, affiliates, licensors, manufacturers and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from or relating to your use of our Sites, violation of these Terms, or violation of any third party rights. Clarks reserves the right to take control of any litigation matters, at our own expense, which may have a material effect on our organization, irregardless of whether the matter qualifies for an indemnity. In the event Clarks takes control of such litigation, you agree to cooperate and participate as needed in the defense of such matters.


Jurisdiction/Choice of law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions. All disputes or other actions arising from these Terms shall be adjudicated entirely in the state and/or federal courts of the Commonwealth of Massachusetts. The waiver of any provision of these Terms shall not constitute the waiver of any additional provisions, nor shall Clarks failure to enforce any provision constitute the waiver of any future right to enforce such provision. In the event any condition of this agreement is deemed to be illegal, void or unenforceable, the remainder of these Terms shall remain fully operative.


Conflict of terms
In the event there is a conflict or inconsistency between the provisions of these Terms and any other Clarks policies, notifications, or terms and conditions, the other policies, notifications, or terms and conditions which are specific to a particular product, service, contest or section of our Sites shall govern your use of that specific section.


Assignments
These Terms are not intended to grant any right or benefit to any third party, nor are they intended to extend any obligations or liabilities to any third party. Under no circumstances may you assign your rights, obligations, or liabilities under these Terms to any third parties without the express written consent of Clarks.


Termination
This agreement, and these Terms, will remain in effect until terminated by either party. You or Clarks may terminate this agreement at any time, with or without notice. Clarks consequently reserves the right to deny, block, or prevent your access to our Sites or any portion of our Sites for any or no reason at all, and for as long as we deem necessary.


Gift Card Terms and Conditions
The following Terms and Conditions apply to all Gift Cards issued by C & J Clark Retail, Inc. ("Clarks"):

Gift Cards can be purchased and redeemed at any Clarks, Bostonian, or Clarks/Bostonian Outlet retail location in the United States or Puerto Rico, and online at ClarksUSA.com or BostonianShoe.com. Gift Cards can also be redeemed by calling 800-211-5461.

Gift Cards are redeemable for merchandise only.

Lost, stolen, or destroyed Gift Cards will not be replaced and Clarks will not be responsible for any unauthorized transactions on a Gift Card.

Gift Cards cannot be returned, redeemed, or exchanged for cash except to the extent required by applicable law.

Gift Cards do not have an expiration date.

No fees apply.

To redeem online, enter the 19-digit Gift Card number and 4-digit PIN number found on the back of the card at checkout (you may have to scratch off the protective coating to reveal the PIN number). Up to three (3) Gift Cards may be redeemed online per transaction.

If your order total is more than the Gift Card amount, the remaining balance must be paid with a valid form of payment. If your order total is less than the Gift Card amount, the remaining balance will be stored on your card for future use (unless otherwise required by applicable law).

Gift Cards purchased online can be purchased in set increments ranging from $25.00 - $250.00. Gift Cards purchased in-store can be purchased for any amount ranging from $5.00 - $500.00.

Your receipt will show the remaining balance on a Gift Card following an in-store purchase. You may also obtain your balance at ClarksUSA.com, BostonianShoe.com, or by calling (800) 242-5353.

Clarks reserves the right to refuse and cancel any Gift Cards obtained fraudulently. Gift Cards mistakenly issued in an incorrect denomination may be held for further review.

Gift Card balances may not be consolidated onto one card.

No taxes are charged on the purchase of Gift Cards --- applicable taxes are charged when Gift Cards are redeemed.

Discount coupons and promotional offers cannot be applied towards the purchase of Gift Cards.

Gift Cards purchased on ClarksUSA.com or BostonianShoe.com are shipped free of charge via UPS Ground. Gift Cards cannot be shipped to P.O. addresses. If you order a Gift Card with other items, Gift Cards will be shipped separately.

If you return merchandise which was purchased with a Gift Card, any refund will be returned to you in the form of a newly issued Gift Card. If you return merchandise which was purchased using both a Gift Card and additional forms of payment, the amount purchased using a Gift Card will be refunded to you in the form of a newly issued Gift Card.

All terms enforced except where prohibited by law.




Contact us
If you have questions, comments, or concerns regarding our Terms of Use, please contact us at:

Email:

ConsumerServices@clarksna.com

Phone:

(800) 211-5461

U.S. Mail:

The Clarks Companies, N.A.
Attn: eCommerce
156 Oak Street
Newton Upper Falls, MA 02464




Date posted: December 23, 2011

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C & J Clark America Inc., 156 Oak Street, Newton Upper Falls, MA 02464
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