Customer Service - OtherServices - Terms of Use | Eastbay

Free Shipping on your $75 order* Use Code: IPEB4437  
 
x
 

Free Shipping

on your $75 order*

APO/FPO addresses now eligible on all free shipping offers!

*Use promotion code IPEB4437 at checkout. Promotion/source code box is located in step 4 of checkout. Order value must total $75 or more before services, taxes, shipping and handling. Valid online at eastbay.com. Offer is limited to standard ground delivery within the 48 contiguous United States and APO/FPO addresses. Excludes bulk orders and drop ships. Entire order must be shipped to a single address. Does not apply to prior purchases or open orders and cannot be combined with any other offer. Customer is responsible for shipping costs on returned merchandise. May not be used toward purchase of GiftCards or team orders. Promotion may be modified or terminated at any time. Certain restrictions and exclusions may apply. Offer expires 04/20/2014 (11:59 pm CT).

Be the First to Know! Get up-to-the-minute info on the latest product launches, special offers and sales events by signing up for Eastbay emails or by requesting our free catalog.

Customer Service
Terms of Use

    PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Online Privacy Statement will mean you accept those changes.

    RESTRICTIONS ON USE OF MATERIALS
    This Website is owned and operated by Foot Locker, Inc., its subsidiaries, or its affiliates (referred to as Eastbay, "we," "us," or "our" herein). Except as otherwise permitted by these Terms of Use, no material from this Website or any Website owned, operated, licensed or controlled by Eastbay may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Eastbay, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of Eastbay. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

    USE OF WIDGETS
    Our widgets are tools that you may place on your website to permit your visitors to access our Website (each, the "Widget"). Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your website solely for your own personal, non-commercial use. You may not use the Widget for any other purpose without our prior written consent, and nothing in these Terms of Use shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:

    • Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale.
    • Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any Product, service, activity or brand contained on your website.
    • Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.
    • Use the Widget in any manner that prevents the end user of your website from linking directly to the applicable page of our Website.

    We reserve the right to discontinue providing any Widget at any time. We further reserve the right to direct you to cease displaying or otherwise using any Widget, for any or no reason and without liability to you or any third party.

    ACCOUNTS
    You may be required to create an account and specify a password to use certain features on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

    You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing customercare@eastbay.com or calling 1.800.826.2205. You agree to indemnify and hold harmless Eastbay for losses incurred by Eastbay or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

    CONTENT POSTED OR SUBMITTED BY YOU
    Certain pages on the Website may allow you to post text, photographs, videos, audio, or other content ("Content"). Unless otherwise specified on a particular Website, you may only post Content to the Website if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to this Website. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Eastbay. You may not post or distribute Content that is illegal or that violates these Terms of Use. By posting or distributing Content to the Website, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Website and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.

    By submitting or posting Content to the Website, you grant Eastbay the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Website, Eastbay does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Eastbay owns all right, title, and interest in any compilation, collective work, or other derivative work created by Eastbay using or incorporating Content posted to the Website.

    You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.

    CONTENT POSTED BY OTHER USERS
    Eastbay is not responsible for, and does not endorse, Content in any posting made by other users on the Website. Under no circumstances shall Eastbay be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact Eastbay us by emailing customercare@eastbay.com or calling 1.800.826.2205. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

    USE OF WEBSITE
    Impersonation of others, including a Eastbay employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others for any other commercial online service or other organization.

    You may not without the prior written permission of Eastbay, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this Website without the prior written consent of Eastbay.

    ACTIVITIES PROHIBITED ON THE WEBSITE
    The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. Eastbay reserves the right to investigate and take appropriate legal action against anyone who, in Foot Locker's sole discretion, engages in any of the prohibited activities.

    Prohibited activities include - but are not limited to - the following:

    • Using the Website for any purpose in violation of local, state, or federal laws or regulations;
    • Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
    • Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Eastbay in its sole discretion or pursuant to local community standards;
    • Posting Content that constitutes cyber-bullying, as determined by Foot Locker in its sole discretion;
    • Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
    • Posting telephone numbers, street addresses, or last names of any person;
    • Posting URLs to external websites or any form of HTML or programming code;
    • Posting anything that may be "spam," as determined by Eastbay in its sole discretion;
    • Impersonating another person when posting Content;
    • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
    • Allowing any other person or entity to use your identification for posting or viewing comments;
    • Harassing, threatening, stalking, or abusing any person;
    • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of Eastbay, exposes Eastbay or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
    • Encouraging other people to engage in any prohibited activities as described herein.

    Eastbay reserves the right - but is not obligated - to do any or all of the following:

    • Investigate an allegation that any Content posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
    • Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
    • Terminate a user's access to the Website upon any breach of these Terms of Use;
    • Monitor, edit, or disclose any Content on the Website; and
    • Edit or delete any Content posted on the Website, regardless of whether such Content violates these standards.

    THIRD-PARTY COPYRIGHTS
    If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this web Website by contacting Eastbay as set forth below and providing the following information:

    • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
    • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
    • Your name, address, telephone number, and e-mail address.
    • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
    • A signature or the electronic equivalent from the copyright holder or authorized representative.

    Send this information by mail to:

    Foot Locker, Inc.
    c/o General Counsel
    112 West 34th Street
    New York, NY 10120

    In an effort to protect the rights of copyright owners, Eastbay maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.

    INTELLECTUAL PROPERTY
    All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Eastbay or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Eastbay enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Foot Locker, Inc., Law Department, 112 W. 34th St., New York, NY 10120.

    SUBMISSIONS TO Eastbay
    Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Foot Locker through this Website becomes the exclusive property of Eastbay, and Eastbay is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to Eastbay and accepts responsibility for its accuracy, appropriateness and legality.

    WARRANTY DISCLAIMER
    This Website and the materials, Widgets and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Eastbay disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Eastbay does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Eastbay does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not Eastbay) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

    LIMITATION OF LIABILITY
    Under no circumstances, including, but not limited to, negligence, shall Eastbay be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of the Widgets or products, even if Eastbay or authorized representatives of Eastbay have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Eastbay's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.

    INDEMNIFICATION
    As a condition of use of this Website, you agree to indemnify, defend, and hold harmless Eastbay, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

    TYPOGRAPHICAL ERRORS
    In the event that a product sold is mistakenly listed at an incorrect price, Eastbay reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Eastbay shall issue a credit to your credit card account.

    NOTICE FOR CALIFORNIA USERS
    Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

    OTHER
    These terms shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Eastbay's 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.