Last Updated: December 1, 2017
3. Shipping, Returns & Exchanges Shipping - Method. As part of the order procedure, you must select your preferred shipping method, and your shipping cost, if any, depends on your location and selected method. These shipping costs for your location and the shipment method you select will be displayed in the order summary on the Site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered. Most items will ship via common carrier (such as UPS, FedEx, or USPS) and require a valid shipping address. Some carriers generally will not ship to a P.O. Box or military address. Please contact mother goose at firstname.lastname@example.org or 1-800-SHOEDOG (746-3364) and we will gladly share more details on our shipping process. Shipping - Costs and Timing. We may utilize a third party vendor to handle our shipping, so “we” in this paragraph refers to both Ross & Snow and any third party vendor that Ross & Snow relies upon for shipping. During the ordering procedure, we will inform you of the estimated time required for delivery and the various forms of delivery available for the goods purchased. We provide free shipping on standard ground service to most destinations in the United States. In some cases, certain locations or delivery options may not be available, may require additional shipping fees or may take longer. Items subject to these additional shipping and delivery charges will be displayed during the ordering procedures and may not be eligible for any reduced or free shipping offers. A tracking number may be emailed to you when your order ships; this tracking number would allow you to check on the delivery status of your order. Please be advised that deliveries are not typically made on weekends or holidays. If your order or a part of your order is not able to ship without material delay for any reason, we will contact you to provide more detail and an estimated shipping date. Please contact mother goose at email@example.com or 1-800-SHOEDOG (746-3364) and we will gladly share more details on our shipping process. Returns. We may utilize a third party vendor to handle returns, so “we” in this paragraph refers to both Ross & Snow and any third party vendor that Ross & Snow relies upon for returns. If you are not completely satisfied with your purchase from Ross & Snow, you can return your item(s) for either (i) a full refund at any time after purchase, if the purchased products are unused or (ii) a refund of 50% of the original retail price for the purchased products, at any time after purchase, if the purchased products have been used. It may take 4-5 business days for your return to reach Ross & Snow. Once it is received and inspected (usually within 72 hours of receipt) your refund will be processed and (x) a full refund will automatically be applied to your credit card or original method of payment within 7 days and (y) a 50% refund will be sent to you in the form of a Ross & Snow gift card that is redeemable at the Site for another purchase of Ross & Snow products. Please note that for a full refund, depending on your credit card company, it may take an additional 2-10 business days after your full refund credit is applied for it to post to your credit card account. Please contact mother goose at firstname.lastname@example.org or 1- 800-SHOEDOG (746-3364) and we will gladly share more details on how to process the return. Exchanges. We may utilize a third party vendor to handle exchanges, so “we” in this paragraph refers to both Ross & Snow and any third party vendor that Ross & Snow relies upon for exchanges. You may exchange an order at any time after its purchase, if the purchased products are unused. The new products you choose will be shipped promptly when an exchange is processed (and, if applicable, after payment of any additional purchase price for the new products). The new products shipped in connection with an exchange remain subject to our return policy. Please contact mother goose at email@example.com or 1-800-SHOEDOG (746- 3364) and we will gladly share more details on how to process the exchange.
4. General Restrictions on Use You must use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. Ross & Snow may cancel, delay, refuse to ship or recall from the shipper any order if fraud is suspected. You must not (nor attempt to):
• Access any of the Services by any means other than through the interface that is provided by Ross & Snow;
• Gain unauthorized access to Ross & Snow’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Ross & Snow’s networks and computer systems;
• Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
• Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including commercial purposes;
• Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
• Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Ross & Snow in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
5. Content As between you and Ross & Snow, Ross & Snow owns or licenses all information and materials, including logos, data, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (collectively “Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You will not remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Ross & Snow, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Ross & Snow or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. Certain features of the Site may allow you to contribute feedback, polling data and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Ross & Snow on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Ross & Snow, you automatically grant Ross & Snow a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Ross & Snow has no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
6. Errors, Inaccuracies, and Omissions Occasionally, information on the Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. Ross & Snow may correct any errors, inaccuracies or omissions and change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Ross & Snow cannot and does not review all communications, products, or services made available on or through the Site but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in Ross & Snow’s sole discretion.
7. Disclaimers and Warranties; Liability Limitations Ross & Snow may (i) change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice, and (ii) alter the terms or duration of any special offers or sale promotion. Ross & Snow is not liable in case of stock outage or unavailability of products. Ross & Snow makes every effort to display as accurately as possible the colors of products that appear at the Site, but cannot guarantee that your computer monitor's display of any color is accurate. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, OR REQUIRED BY APPLICABLE LAW, ROSS & SNOW MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NONINFRINGEMENT OF THE SERVICES OR THE SITE, ANY CONTENT ON THE SERVICES THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES OR THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROSS & SNOW DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE OR SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE OR SERVICES CREATE ANY WARRANTY OF ANY KIND. IN NO EVENT IS ROSS & SNOW, OR ITS PARENT, SUBSIDIARIES, DIVISIONS OR AFFILIATES (IF ANY) OR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SITE OR SERVICES (COLLECTIVELY, THE “RELEASEES”) LIABLE TO YOU, ANY USER OF THE SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY ROSS & SNOW OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT WILL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO ROSS & SNOW IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF ROSS & SNOW. IF, NOTWITHSTANDING THE PROVISIONS OF THESE TERMS, ANY RELEASEE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR SERVICES, ANY CONTENT ON THE SITE OR SERVICES OR ANY PRODUCT OR SERVICES PURCHASED THROUGH THE SITE OR SERVICES, SUCH RELEASEE’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law. You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Ross & Snow does not guarantee that any information sent to or from the Site will be secure during transmission, nor can Ross & Snow guarantee the confidentiality of any communication or material transmitted via the Site or the Internet, including, for example, personal information such as your name or address. Ross & Snow assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.
10. Complaint Procedures If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify Ross & Snow by contacting enforcer goose at firstname.lastname@example.org with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
11. Dispute Resolution Nevada law governs these Terms. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise provided in these Terms, any dispute arising out of these Terms must be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. But an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of your agreement to arbitrate any dispute is for a court of competent jurisdiction to decide. Arbitration must occur in Las Vegas, Nevada unless Ross & Snow elects otherwise in writing. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada. The arbitrator will not be bound by rulings in prior arbitrations involving different Ross & Snow users, but is bound by rulings in prior arbitrations involving the same Ross & Snow user to the extent required by applicable law. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in these Terms. If the value of the relief sought is $10,000 or less, at your request, Ross & Snow will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Ross & Snow should be submitted by mail to the AAA along with your demand for arbitration and Ross & Snow will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Ross & Snow will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you must reimburse Ross & Snow for all fees associated with the arbitration paid by Ross & Snow on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate still apply. BOTH YOU AND ROSS & SNOW HEREBY AGREE THAT EXCEPT AS EXPRESSLY PROVIDED IN THE OPT-OUT NOTICE PROVISION DESCRIBED IN THESE TERMS, YOUR ORDER ON THE SITE AND ITS FULFILLMENT BY ROSS & SNOW CONSTITUTE ACKNOWLEDGEMENT AND AGREEMENT WITH THE ARBITRATION PROVISIONS IN THESE TERMS IN ACCORDANCE WITH NEVADA REVISED STATUTES SECTION 597.995. You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice by providing your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Ross & Snow account to which the Opt-Out Notice applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Notwithstanding anything to the contrary in this Section 11, either you or Ross & Snow may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret is not subject to this agreement to arbitrate. Any dispute not subject to arbitration must be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Las Vegas, Nevada. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby consent to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the agreement to arbitrate.