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Wolverine Europe Retail Limited - Terms of Use
January 1, 2010

Introduction

This website at http://www.merrell.com/UK ("Site") is operated by Wolverine World Wide, Inc., a Delaware corporation, on behalf of Wolverine Europe Retail Limited (collectively, “Wolverine” or “we/us/our”). Wolverine may be contacted at King’s Place, 90 York Way, London N1 9AG, or at ogukcustomerservices@wwwinc.com.

We appreciate your interest in the products and services on the Site and your visit to the Site.

Agreement

Using the Site

The use of this Site is subject to these Terms of Use which set out the basic rules that govern your use of the Site. Please read the Terms of Use carefully, as your use of the Site constitutes your agreement to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use the Site.

Terms of Use

  1. Modification

    We may change, edit, delete or revise the content of this Site from time to time, including these Terms of Use. Please check this page for changes which have been made to the Terms of Use. Your use of this Site after a change has been posted constitutes your acceptance of the amended Terms of Use.

  2. Registration, Accounts and Passwords

    1. Accessing certain services on the Site may require registration and the creation of an account. Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering.

    2. When you register for an account on the Site, you will be asked to create a password. You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner. You are responsible for all activities that occur under your account or password, and subject to clause 6.6 we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

    3. We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.

  3. Intellectual Property

    1. We are the owner or the licensee of all copyright, design rights, database rights, trade marks and intellectual property rights in this Site, and in the material published on it. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.

    2. We permit you to access the Site solely for your personal, non-commercial use. You may print off one copy, and may download extracts, of any page(s) from this Site for your personal reference.

    3. You must not use any part of the materials on this Site for commercial purposes without obtaining a licence to do so from us or our licensors.

    4. If you print off, copy or download any part of this Site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  4. Links to third party websites and restrictions

    1. The use of third party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.

    2. These Terms of Use do not apply to any third party website linked to the Site. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

    3. You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

    4. You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling technology.

  5. User Review and Contributions

    1. Users of the Site may submit product reviews, comments, questions, feedback, ideas, suggestions or other information via the Site or otherwise (collectively "Contributions"), so long as such Contributions comply with our Contribution Standards.

    2. Contribution Standards

      These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

      Contributions must:

      Be accurate (where they state facts).

      Be genuinely held (where they state opinions).

      Comply with applicable law in the UK.

      Contributions must not:

      Contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory.

      Promote sexually explicit material.

      Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

      Advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person.

      Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

      Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.

      Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

      Give the impression that they emanate from us, if this is not the case.

    3. Failure to comply with these Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this Site. We will determine, in our discretion, whether there has been a breach of these Contribution Standards through your use of this Site. If a breach of these Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

      1. Immediate, temporary or permanent withdrawal of your right to use this Site.

      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to this Site.

      3. Issue of a warning to you.

      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

      5. Further legal action against you.

      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    4. Any Contributions shall be and remain our property, and by making a Contribution to the Site you agree to assign to us all worldwide rights, titles and interest in all intellectual properties in your Contributions. Thus, we will own exclusively all such rights, titles and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation for any Contributions, or to respond to any Contributions.

  6. Disclaimer of liability

    1. Unless otherwise specified, the content and information contained on this Site is presented solely for the purposes of promoting and selling the Merrell products available in the United Kingdom from this Site, and we make no representation that any content or product is appropriate or available for use in other locations.

    2. Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

    3. Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. You are recommended to take all appropriate safeguards before downloading information or images from the Site.

    4. Subject to clause 6.6 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

      1. any indirect, special or consequential losses;

      2. in respect of losses or damages arising out of changes made to the content of this Site by unauthorised third parties;

      3. any loss of business, data, profits, revenue, goodwill, use or anticipated savings;

      4. loss or damage to your, or any third party’s, data or records;

      5. any actions taken in response to breaches of the Contribution Standards set out in clause 5.2 above; or

      6. any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

    5. Except as expressly provided in these Terms of Use we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

    6. do not seek to exclude or limit our liability to you for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982; or

      4. any liability arising under the Consumer Protection Act 1987.

  7. Miscellaneous

    1. These Terms of Use are governed by the laws of England and Wales and only the courts of England and Wales will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

    2. If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.

    3. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

    4. Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.

    5. Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.