Terms and Conditions
This is the legal stuff for the website. It's heavy reading, but important. If you have any questions, please don't hesitate to contact us.
By using the Kenaishoes.com website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Kenaishoes.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Disclaimer of Warranties
The site is provided by The Kenai Shoe Company, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, The Kenai Shoe Company, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Kenai Shoe Company, Inc. shall have no liability for any interruptions in the use of this Website. The Kenai Shoe Company, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
THE KENAI SHOE COMPANY, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE KENAI SHOE COMPANY, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE KENAI SHOE COMPANY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
You agree to indemnify and hold The Kenai Shoe Company, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of this website, the violation of this Agreement, or infringement by you, or other user of this website using your computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
The Kenai Shoe Company, Inc. reserves the right to modify or discontinue this website with or without notice. The Kenai Shoe Company, Inc. shall not be liable to any third party should The Kenai Shoe Company, Inc. exercise its right to modify or discontinue the service. You acknowledge and accept that The Kenai Shoe Company, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein.
Disclaimer Regarding Accuracy of Vendor Information
While The Kenai Shoe Company, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. The Kenai Shoe Company, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered, and you acknowledge that any reliance on representations and warranties provided shall be at your own risk.
Shipping Limitations
Items purchased from Kenaishoes.com are made pursuant to a shipment contract. Therefore, title and risk of loss for any items purchased is transferred to you upon our delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Governing Jurisdiction
Our website is operated and provided in the State of Alaska. As such, we are subject to the laws of the State of Alaska, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Alaska.
Compliance with Laws
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use this website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 The Kenai Shoe Company, Inc., with all rights reserved, or is the property of The Kenai Shoe Company, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Kenai Shoe Company, Inc. is strictly prohibited. You agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Kenai Shoe Company, Inc.
Kenai Shoes™, The Kenai Shoe Company, Inc.™ and Kenaishoes.com™ are proprietary marks of The Kenai Shoe Company, Inc.. The Kenai Shoe Company, Inc.'s trademarks may not be used in connection with any product or service that is not provided by The Kenai Shoe Company, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Kenai Shoe Company, Inc.
All other trademarks displayed on The Kenai Shoe Company's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Kenai Shoe Company, Inc.
Account Confidentiality
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Termination
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
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 us at (970) 485-3074.
Updated - June 2006
