Terms of Use Agreement
This is the official Terms of Use Agreement ("Agreement") for Ryka.com ("Ryka Website”, "Site", "Website", "we"), and the latest revision date is 01/12/15. This Website is hosted by Ryka, which is a division of Brown Group Retail, Inc., a wholly owned subsidiary of Caleres, Inc. ("Ryka"). Please read this Agreement carefully because it explains your rights and responsibilities.Your Agreement and Acceptance
By using and/or visiting this Website, you agree to be bound by (1) all the terms and conditions contained in this Agreement, and (2) Ryka's privacy policy , found at www.ryka.com, which is incorporated herein by reference.This Website is not intended for children under the age of 13. By using this Website, you represent and affirm that you are at least 13 years old. If you are under 13 years of age, please discontinue use of the website immediately.
We reserve the right, in our sole discretion, to revise the terms of this Agreement at any time. Once posted on the Website, these changes become effective immediately, and your use of this Website following such changes constitutes your agreement to be bound by the revisions. Although we may attempt to notify you when we make major changes are made to this Agreement, you should periodically review the most up-to-date version at www.Ryka.com to make sure you are aware of the most current terms and conditions.
This Agreement shall apply to all Website users, including users who contribute video content, postings, comments, and other materials or services on the Website.
Ryka Accounts
By creating an account, you are agreeing to all Terms and Conditions and to receive both Ryka account holder and promotional emails from Ryka. You may unsubscribe from receiving marketing and promotional emails at any time.
You are solely responsible for protecting the security and confidentiality of your account password and identification, and you will be responsible for any activity that occurs on your account.
You must notify Ryka immediately of any breach of security or unauthorized use of your account.
Ryka will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by Ryka or others due to such unauthorized use.
Use of Website
Ryka hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:
- You agree to comply with all applicable local, state, national and international laws and regulations.
- You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal.
- You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.
- You agree not to violate or attempt to violate the security of the Website, and you agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other person's use and enjoyment of the Website.
- You agree not to use the Website for any commercial use.
- You agree not to use the communication systems provided by the Website for any commercial solicitation purposes (for example, you agree not to solicit for commercial purposes any users of the Website regarding their User Submissions).
- Ryka reserves the right to discontinue any aspect of the Ryka Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Ryka Website.
- The Content on the Ryka Website, except all User Submissions (as defined below), including without limitation, the text, button icons, images, photos, graphics, sounds, music, videos, interactive features, software and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Ryka, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "as is" and is intended solely for your personal, noncommercial use. Accordingly, you agree not to download, copy, reproduce, republish, upload, post, transmit, broadcast, display, sell, license, or otherwise distribute for any commercial purpose whatsoever any Content from this Website without the prior written consent of the respective owners. Ryka reserves all rights not expressly granted in and to the Website and the Content.
- You shall not download any User Submission unless you see a "download" or similar link displayed by Ryka on the Ryka Website for that specific User Submission.
User Comments are made available "as is", and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise distributed in any manner not intended by the normal functionality of the Ryka Website or otherwise as prohibited under this Agreement. - You may access Ryka Content, User Submissions and other content only as permitted under this Agreement. Ryka reserves all rights not expressly granted in and to the Ryka Content and the Ryka Website.
- You understand that when using the Ryka Website, you will be exposed to User Submissions from a variety of sources, and that Ryka is not responsible for the accuracy, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are offensive, objectionable, or inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ryka with respect thereto, and agree to indemnify and hold Ryka, its Parent Company, and its affiliates and/or licensors, harmless to the fullest extent allowed by law in connection with all matters related to your use of the Website.
User Submissions
Please see our user submissions policy here.Termination of Access or Account
Ryka reserves the right to refuse service, terminate accounts, or restrict or terminate your access to the Website at any time and for any reason, with or without cause, without prior notice, and without any liability or further obligation of any kind whatsoever to you or any third party.Ryka reserves the right to decide whether Content or a User Submission is appropriate and complies with the terms of this Agreement. Ryka may remove such User Submissions any time, without prior notice and at its sole discretion.
Links to Third Party Sites
The Website may contain links to third party websites that are not owned or controlled by Ryka. Ryka has no control over, and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve Ryka from any and all liability arising from your use of any third-party website.We encourage you to be aware of when you leave the Ryka Website and to review the policies of every website that you visit.
Warranty Disclaimer and Limitations of Liability
Warranty: THIS WEBSITE IS PROVIDED BY Ryka ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE Ryka WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, Ryka ITS PARENT COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Ryka MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, OR SIMILAR ROGUE PROGRAMS OR HARMFUL PROPERTIES THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Ryka WEBSITE. Ryka DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Ryka WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Ryka WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.Limitation of Liability: IN NO EVENT SHALL Ryka, ITS PARENT COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, ROGUE PROGRAMS, HARMFUL PROPERTIES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Ryka WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT Ryka SHALL NOT BE LIABLE FOR ANY USER SUBMISSION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THESE EVENTS RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless the Website, Brown Group Retail, Inc. and its divisions, its parent corporation, and any of their respective officers, directors, employees and agents, from and against any and all allegations, claims, demands, actions, causes of actions, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees and other legal expenses) arising from: (i) your use of and access to the Ryka Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Ryka Website.Ability to Accept Terms of Services
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms set forth in this Agreement.General
You agree that this Agreement and all actions contemplated by this Agreement shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles. Any claim or dispute between you and Ryka that arises in whole or in part from your use of the Ryka Website shall be filed and decided exclusively in the state courts in St. Louis County, Missouri, or the U.S. District Court for the Eastern District of Missouri.This Agreement, together with the Privacy Policy and other policies located at www.Ryka.com, and any other legal notices published by Ryka on the Website, shall constitute the entire agreement between you and Ryka concerning the Ryka Website.
Ryka reserves the right at all times to disclose any information as Ryka deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ryka's sole discretion.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ryka's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.