Terms and Conditions

Conditions of Use

Welcome to The SperryTopsider.com Website ("Site"). Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these rules.

General

We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Sperry Top-Sider LLC ("STS"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by STS.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site (the "Users"). You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded materials 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 from the Site.

Restriction of Liability

STS and SperryTopsider.com (collectively "Sperry") will not be liable for any damages or injury caused by the use of the Site, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Sperry will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if there is negligence on Sperry's part or if an authorized Sperry representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent allowed by law, Sperry's total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will be limited to the amount you paid to access this site.

Trademark Information

Sperry Top-Sider is a trademark of STS, registered in the U.S. and other countries. Other Sperry product or service names or logos referenced in the Site are either trademarks or registered trademarks of STS or trademarks licensed to STS. The absence of a product or service name or logo from this list does not constitute a waiver of STS's trademark or other intellectual property rights concerning that name or logo. All other products and company names mentioned in the Contents of the Site may be trademarks of their respective owners.

Copyright Statement

All content included on this site, including text, graphics, logos, icons, images, and software is the property of SperryTopsider.com and protected by U.S. and international copyright laws. STS's logos, products and service names are exclusively licensed to STS. Any reproduction or use of any of the contents of this Site without the express written consent of STS is prohibited.

Links to Other Web Sites

Sperry makes no representation whatsoever regarding the content of any other web sites which you may access from the Site. When you access a non-Sperry web site, please understand that it is independent from Sperry and that Sperry has no control over the content on that web site. A link to a non-Sperry web site does not mean that Sperry endorses or accepts any responsibility for the content or use of such web site.

Indemnification

You agree to defend, indemnify and hold Sperry harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site by either you or Sperry . You must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Termination

This Agreement is effective unless and until terminated by either you or Sperry. You may terminate this Agreement at any time. Sperry may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Sperry's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Sperry, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT ALLOWED BY LAW, SPERRY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Miscellaneous

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting STS's products and services available in the United States and select foreign markets. This Site is controlled and operated by SperryTopsider.com from its offices in Lexington, Massachusetts.