Brooks Sports B.V. Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR OTHER ONLINE OR MOBILE SERVICES OR APPLICATIONS (THE “SERVICES”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING YOU TO ARBITRATE ANY DISPUTES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.

These Terms of Use ("Terms") are a binding legal agreement between you and Brooks Sports, Inc. and its subsidiaries (collectively, “Brooks” or “we”), and apply to your access to, and use of, the Services, including any purchase you make through the Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Brooks for products, services or otherwise (including but not limited to the Brooks Sports, Inc. Product Testing Agreement). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Brooks for violations of these Terms.

Brooks reserves the right to change or modify these Terms or any policy or guideline of the Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

If you have any question regarding the Services or these Terms, please refer to our Help Section or to our Frequently Asked Questions. All other questions or comments about the Services should be directed to Brooks Customer Service.

1. Privacy Policy

Please refer to our Privacy Policy for information about how Brooks collects, uses and discloses the personal information of our users.

Please note that if you have allowed cookies on our websites, our Services may contain Google Maps features and content for address verification purposes during the checkout and returns processes. Google Maps is subject to the (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps/; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.

2. Terms of Sale

All sales made through the Services are governed by our Terms of Sale, below. Please refer to these Terms of Sale for the terms, conditions and policies applicable to your online purchases from Brooks. These Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review these Terms of Sale each time you make a purchase through the Services.

a. Pricing; Orders; Taxes

All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges may be additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order. The prices listed via the Services are only advertisements and are not offers to form an agreement. By placing an order via the Services, you are making an offer to Brooks to purchase products or services. Any order shall be subject to acceptance by Brooks and Brooks may reject all or any part of an order and discontinue products or services without notice. In almost all circumstances, we are unable to change or cancel orders once submitted. In addition, order confirmation emails are subject to product availability, will specify pre-ordered, back-ordered, or in-stock items, and will include an estimated shipping timeline. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. Confirmation of additional information may be necessary prior to the acceptance of an order.

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. Brooks is not required to collect and remit sales or use taxes in all states and jurisdictions. If you do not pay such taxes or fees in connection with a transaction via the Services, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Brooks reserves the right to collect such taxes or other fees from you at any time.

b. Errors

We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price, or updating the shipping timeline) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to return the product or service and obtain a refund in accordance with the requirements for returns provided in Section h (Returns and Exchanges) of these Terms of Sale.

c. Discounts

Brooks may offer discounts or discount programs, either of which may be changed or revoked at any time. Discount programs are intended for personal use only (not for resale). You may not share discounts with third parties or make purchases for anyone other than immediate family members, unless the terms of the discount program state otherwise. Discount programs may not be applicable to specific products or to sale items. Discount programs cannot be combined with other offers, including free shipping.

d. Pre-Orders

We may offer you the ability to pre-order select products before they become available. If an item is available for pre-order you will see a pre-order label on the product page. Please note, adding items to your cart alone does not complete the pre-order process. You need to finish the checkout process to confirm your pre-order. If you choose to pre-order a product, we will not charge you until the product becomes available and we can complete your purchase. Please note that an authorization charge may be required by your financial institution resulting in a temporary hold on your account on purchases made via the Services.

e. Out-of-Stock Items; Back-Orders

If the color, size or width of a product you would like to purchase is not shown in the relevant drop-down box or list of options on the product's information page, then the color, size or width is not available for purchase. Items available for back-order will be labeled (or you can choose to be notified when the product is back in-stock). An estimated ship date for each item may be included for back-ordered items in the cart. Please note that an authorization charge may be required by your financial institution resulting in a temporary hold on your account on purchases made via the Services. In the event that the specific product that you would like to purchase is unavailable or unavailable for back-order, please check our Services at a later time as our inventory of products is subject to change.

f. Shipping & Handling; Export

You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by standard ground delivery, unless otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Services are shipment contracts, not destination contracts, so the title and risk of loss or damage to all products purchased via the Services will pass to you upon Brooks’ delivery of the products to a transportation carrier. Any shipping or delivery dates or times shown on the Services are estimates only and actual delivery dates and times may vary. You agree that you will not obtain or direct shipment of any product purchased through the Services for export.

g. Payment; Credit for Refunds

Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services through the Services, and all refunds will be credited to the same credit card or, in our discretion, other payment method. All electronic gift card sales are final and cannot be refunded. By submitting an order through the Services, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Services). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

h. Returns and Exchanges

If for any reason you are not completely satisfied with your purchase from Brooks within the first ninety (90) days after your purchase via the Services, we will replace or exchange your product pursuant to our Run Happy Promise. General information and instructions regarding returns, exchanges and refunds can be found in our Returns Center.

Electronic gift cards cannot be refunded; resold; or used to purchase products outside of the Services.

Worn or used Brooks products that you purchased from the Services may be returned within ninety (90) days of purchase pursuant to Brooks’ Run Happy Promise. Unworn or unused Brooks products that you purchased through the Services may be returned within ninety (90) days of purchase. To make a return within this policy, please visit our Returns Center to initiate your return and create your complimentary return shipping label. The title and risk of loss or damage to any products returned to Brooks, whether or not worn or used, will pass to Brooks upon its actual receipt and acceptance of such returned products.

If a gift certificate, card, voucher, coupon or payment method other than a credit or debit card was used to pay the original price of the product you purchased, or if the purchase you made was part of a special offer that is not in effect when you make your return, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: (a) an exchange of merchandise for the item returned, (b) a non-transferable merchandise credit, (c) a non-transferable gift certificate or gift card, (d) a credit to the credit card or other payment method used to pay for the product, (e) a check, or (f) another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

To return Brooks products that you purchased from a retailer, please contact the retail store from which you purchased the product to determine its return policy. If the retailer is unable to assist you, please contact Brooks Customer Service by using our email form or by contacting us by phone at +44 1903 959557.

If you believe a product sold by Brooks has a condition or defect that might make it unsafe, please report this safety concern immediately by using our email form or by contacting us by phone at +44 1903 959557.

3. Eligibility, Registration and Account

a. Eligibility

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age of 18, or age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; (b) do not have more than one online account with Brooks; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.

b. Registration

In order to create a profile or post a comment on the Services, you may need to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names.

In consideration of your use of the Services, you agree to (v) not make fraudulent transactions; (w) provide accurate, current and complete information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Brooks; and (z) promptly notify Brooks if you discover or otherwise suspect any security breaches related to the Services. You agree to not engage in any unlawful activity while using the Services.

4. Copyright and Limited License

Unless otherwise indicated on the Services, the Services and all content and other materials therein, including, without limitation, the Brooks logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Brooks or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services ; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of Brooks, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

5. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Brooks has adopted a policy of terminating, in appropriate circumstances and in Brooks' sole discretion, account holders or other users of the Services who are deemed to be repeat infringers. Brooks may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Services infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below: Attn:

Name of Designated Agent: E-Commerce Director
Olympisch Stadion 33
1076 DE AMSTERDAM
The Netherlands
Phone: +31 20 214 4100
Email: legal@brooksrunning.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

6. Trademarks

"Brooks," "Brooks Running," "Moving Comfort" and the Brooks logo and any other Brooks product or service names, logos or slogans that may appear on the Services are trademarks of Brooks Sports, Inc. or our subsidiaries in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brooks or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "Brooks," "Brooks Running," "Moving Comfort" or any other name, trademark or product or service name of Brooks without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Brooks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Brooks.

7. Brooks Intellectual Property

You may not use a Brooks logo or other proprietary graphic of Brooks to link to the Services without the express written permission of Brooks. Further, you may not use, frame or utilize framing techniques to enclose any Brooks trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Brooks' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Brooks or any third party.

8. Third-Party Content

Brooks may provide third party content or run promotions from third parties and may provide links to web pages, products, services and content of third parties on the Services (collectively, "Third Party Content"). Brooks does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party; when you leave the Services, you should be aware that our terms and policies no longer govern. Brooks is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of Third Party Content on the Services.

9. User Content and Interactive Features or Areas

The Services may include discussion forums, blogs or other interactive features or areas in which you or other users create, post, transmit or store content, including but not limited to text, music, sound, photos, video, Product Reviews (as defined in Section 11), graphics, code and other items or materials (collectively, "User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile. You agree that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.

By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; or
• User Content that, in the sole judgment of Brooks, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Brooks or our users to any harm or liability of any type.
• You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
• Use or attempt to use another's account without authorization from such user and Brooks;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose, except as required by the Federal Trade 
• Commission and other similar guidelines;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop any third-party applications that interact with User Content and the Services without our prior written consent; and
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

Brooks is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Brooks responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in Brooks' discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Brooks' right to enforce these Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, Brooks is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although Brooks has no obligation to screen, edit or monitor any User Content, Brooks reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.

10. Product Reviews; Rights in User Content

We may provide specific opportunities for you to tell Brooks or other Brooks users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and Brooks does not endorse or approve of any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to manage reviews or provide users with the opportunity to review Brooks products or services. In that case, you will also need to review such third party's terms of service and privacy policy to determine whether they are acceptable to you. If they are not, do not use the third party to provide Product Reviews.

11. Submissions

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Brooks, the Services or our other products and services ("Submissions"). Submissions, whether submitted through the Services or otherwise, are non-confidential and shall become the sole property of Brooks. Brooks shall own exclusive rights, including all intellectual property rights, in and to such Submissions and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. Complaints and Legal Notices

All complaints and legal notices should be mailed to Brooks Sports, Inc., Attn: Legal Department, 3400 Stone Way N, Suite 500, Seattle, WA 98103. If a law requires us to accept legal notices via email, call 1 (855) 427-6657 to ask for the address intended for receipt of such notices.

13. Indemnification

You agree to defend, indemnify and hold harmless Brooks and our officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Submissions you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.

14. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BROOKS, THE SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BROOKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. BROOKS DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

BROOKS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE BROOKS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, BROOKS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

The Services may include items that encourage physical activity. They are for your information only and are not considered medical advice. Seek advice from your medical professional and consider all risks before engaging in any physical activity.

Brooks is not responsible or liable for any injuries or damages you may experience that result from your use of, or inability to use, the Services or Brooks products.

BROOKS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS OR SERVICES. ANY IMPLIED WARRANTIES ON PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE 90-DAY PERIOD FOR RETURNS PROVIDED FOR IN THE RUN HAPPY PROMISE.

Brooks reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Brooks. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers or limits on how long an implied warranty lasts, so some or all of the limitations and disclaimers in this section may not apply to you.

15. Limitation of Liability

IN NO EVENT SHALL BROOKS, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BROOKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BROOKS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BROOKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BROOKS FOR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES.

16. Applicable Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BROOKS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BROOKS.

You and Brooks agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Brooks are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Brooks agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Brooks shall be sent to Brooks Sports, Inc., 3400 Stone Way N, Suite 500 Seattle, WA 98103, attention Legal Department. You and Brooks further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in King County, Washington; that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association; and that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Brooks will not commence against the other a class action, class arbitration or other representative action or proceeding.

17. Termination

Notwithstanding any of these Terms, Brooks reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.

18. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.