Terms & Conditions
OVERVIEW
Welcome to Washington Shoe Company’s website and branded sites, washingtonshoe.com, shopchooka.com, staheekum.com, westernchief.com ("Sites"). Please review the following basic terms that govern your use of our Sites. Please note that your use of our Sites constitutes your agreement to follow and be bound by those terms (the "Agreement").
This website is operated by Washington Shoe Company. Throughout the site, the terms “we”, “us” and “our” refer to Washington Shoe Company. Washington Shoe Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall [Business Name], our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless [Business Name] and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington Shoe Company, 5530 S. 226th St., Kent WA 98032.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customerservice@washingtonshoe.com.
PROMOTIONS & GIVEAWAYS
Sites Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of these Sites (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Washington Shoe Company, and its subsidiaries and/or affiliates. The Sites as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Washington Shoe Company and all other trademarks appearing at these Sites are trademarks of Washington Shoe Company. The Contents of our Sites, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Sites. You may download or copy the contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the Sites, or any related software.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
Giveaways are sponsored by Washington Shoe Company in Kent, WA. Internet participants: The promotions are intended for viewing and participation by all individuals from all areas except where prohibited (see below). Do not proceed with this contest/giveaway/sweepstakes if you are outside of eligible areas.
Eligibility: All our giveaways are open to all internet participants who are United States residents only during the specified giveaway/contest time period. Open only to individuals 18 years of age or older, with Internet access prior to the start date and time of the giveaway/contest. Employees, officers, and directors of Sponsor are not eligible to participate or win.
To Enter: During the specified giveaway period (announced when the giveaway is live), you may enter filling out the Washington Shoe Company’s General Contest Entry Form. Limit one entry per email address, household, IP address and/or email address. Entries will be deemed to have been submitted and made by the authorized account holder of the email address at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning such email addresses for its associated domain name. Any entry information collected from the giveaway shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with Sponsor’s Online Privacy Policy. False, fraudulent, or deceptive entries or acts will render entrant(s) and entries ineligible. By entering, the entrant agrees to be bound by these Official Rules and the decisions of Sponsor and Sponsor’s representatives in all matters relating to this giveaway. If participants select the ‘email list subscription’ checkbox, they will be subscribed to Chooka's e-newsletters and/or other brands in partnership with the cotest. Participation in the newsletter can be terminated at any time through a link at the bottom of the newsletter.
Potential Winner Selection: Potential winners will be selected based on the criteria defined at the beginning of the competition. The potential Winner will be notified by e-mail and will be required to respond within the allotted time to claim their prize. Winner will receive (2) weeks of issuance of prize claim, if deemed necessary by Washington Shoe Company, prize may be forfeited and offered to an alternate potential winner. By entering the giveaway, entrants consent to the use of their names, photographs, and related statements by Washington Shoe Company in advertising, promotional materials, and on its website, throughout the universe in perpetuity, without notice or compensation, unless prohibited by law.
Prizes: Odds of winning a prize are determined by total number of eligible entries received. Limit one prize per person, household, IP address, and/or email address. Washington Shoe Company, reserves the right to substitute prizes of equal or greater value at Washington Shoe Company’s sole discretion, or to end a competition due to lack of participation (see below). All prizes are non-transferable, with no cash redemptions and/or substitutions except at Washington Shoe Company’s sole discretion. In the event that a prize has been stolen or mishandled during shipment, Washington Shoe Company may not be able to replace the specific item(s). If the winner prefers a specific quicker shipping method, they are responsible to notify us immediately and will also be responsible to cover the additional costs if any.
General: Void where prohibited by law. All entries become property of Washington Shoe Company and may not be acknowledged or returned. Acknowledgment of an entry does not indicate that the entry qualifies, only that the entry has been received. By entering, the entrant assumes all liability for injury or damage caused or alleged to be caused by participation in this giveaway and/or the acceptance, use, or misuse of any prize. Washington Shoe Company’s Entities and all Internet server(s) and access provider(s), and the respective entities, designees and representatives of each of the foregoing (collectively, the “Releases”) are not responsible for: any incorrect or inaccurate entry information; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers or software, including without limitation any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in the giveaway; inability to access shopchooka.com or washingtonshoe.com Site and/or any other website referenced herein; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly, or is incomplete, stolen or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site or for any other reason whatsoever; or printing or other errors. By entering, the entrant releases and waives any claim(s) they may have against Releases for any and all injuries, claims, damages, losses, costs or expenses of any kind (including without limitation attorney’s fees) resulting from or alleged to result from participation in this giveaway and/or the acceptance, use, or misuse of any prize or parts thereof, or participation in this giveaway. Sponsor shall not be liable to winner or any other person for failure to supply the prize by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, international carrier issues or any other cause beyond Washington Shoe Company’s sole control. If for any reason, the giveaway is not capable of running as planned or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures or any other causes, in Washington Shoe Company’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of this giveaway, Washington Shoe Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this giveaway or any portion thereof. In the event this giveaway is cancelled, Washington Shoe Company reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification or suspension occurs, notification will be posted at the washingtonshoecompany.com site. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the giveaway is a violation of criminal and/or civil laws and should such an attempt be made, Washington Shoe Company reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. A potential winner may be requested to provide Washington Shoe Company with proof that he/she is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
General Rules -
• Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Pinterest, or Twitter.
• Giveaways and contests are open to U.S. residents only unless otherwise noted.
• One winner will be selected in a random drawing from among all eligible entries. Winner will be notified by email with two weeks to respond and claim his/her prize.
• Odds of winning will depend upon the number of eligible entries received. The use of multiple email addresses, Twitter handles, or Facebook Profiles is not permitted and will result in disqualification.
Bloggers/Partnerships -
Prize will only be shipped within the 50 United States unless it is an electronic prize and then it will be given via email. All federal, state and local taxes, insurance, licensing, registration and title fees are the sole responsibility of Washington Shoe Company. No substitution or transfer of prize permitted by winner. Blogs participating and sponsor reserve the right to substitute items/prize of equal or greater value.
The Blogs are not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Blogs are not responsible for any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this promotion.
By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of the judges. By accepting prize, winner agrees to hold the Blogs harmless against any and all claims and liability arising out of use of prize. Winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in this promotion or use or redemption of any prize. The Blogs are not responsible for typographical or other error in the printing of the offer, administration of the sweepstakes or in the announcement of the prize.
Washington Shoe Company reserves the right to obtain names and email addresses from the entry form, as well as the right to publicize the winner’s names and likenesses harvested.
You understand your email may be used to send you promotional emails.
Questions about the Terms of Service should be sent to us at customerservice@washingtonshoe.com.
