Terms & Conditions
Terms and Conditions
TERMS OF USE
Welcome to the Lakai Store website (Site). Please review the following basic terms that govern your use of, and purchase of, products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).
GENERAL
We may, from time to time, change the terms 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 terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
ELIGIBIILITY
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
PRODUCT INFORMATION
Most Lakai Store items displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
My Account
- Create an Account:
You may place an order as a guest or create a Lakai account.
The benefits to creating a Lakai account:
Securely save billing and shipping details for faster checkout
Access order history and updated order status
Track orders after they are placed
Warranty
All Lakai apparel and accessories are warranted against defects in material or workmanship for 30 days from the date of purchase.
All Lakai footwear is warranted against defects in material or workmanship for 90 days from the date of purchase. Warranty claims are to be made through the authorized Lakai dealer where purchased.
Warranty is only valid with proof of purchase from lakai.com. The Lakai warranty program does not cover any defects due to improper fit.
Alteration of Lakai products or purchase from an unauthorized dealer will void warranty.
9. LAKAI Membership Programs
The Lakai Crew Membership program is a customer loyalty program, which allows participants (“Members”) to earn Rewards ("Rewards") by making qualified purchases from Lakai stores or our website. The acquisition and use of Rewards is governed by these Terms of Use. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR OR PARTICIPATING IN LAKAI REWARDS—INCLUDING BY MAKING PURCHASES IN CONNECTION WITH THE PROGRAM OR REDEEMING REWARDS—YOU AGREE TO THESE TERMS OF USE.
We may, in our sole discretion, cancel, change, suspend or modify any aspect of Lakai Rewards (including the availability of Rewards) and/or all or any portion of these Terms of Use at any time, without notice to you. Additionally, Lakai may offer different promotions, Rewards, and/or benefits at different times and locations in conjunction with the program. We reserve the right to refuse or cancel your acquisition of Rewards at any time at our sole discretion. Your participation in Lakai Rewards, including your redemption of Rewards, is considered acceptance of these Terms of Use (including any subsequent changes or modifications), so it is important that you check these terms periodically. IF YOU DO NOT AGREE TO THE CURRENT TERMS OF USE, YOU MUST STOP PARTICIPATING IN LAKAI REWARDS. To stop participating in Lakai Rewards program, email shop@lakai.com and an associate will help you delete your account.
In addition, this section of these Terms of Use complements and incorporates by reference the other portions of the Terms of Use, in addition to Lakai’ Privacy Policy. The terms of this section shall apply in the event of any conflicts.
Eligibility and Enrollment. Lakai Rewards is offered only to legal residents of the United States and U.S. Territories. You must be (13) years of age or older to join. If you are between 13 and 18 years, you may only join if you have obtained permission from your parent or legal guardian.
Individual Use; No Transfer. Rewards are personal to you, and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You cannot combine your benefits with the benefits accrued by any other person. Rewards may not be earned or redeemed by bulk commercial buyers.
Registration and Account Access. Each customer account must be associated with an email address or a phone number. Creating a customer account on the Site (“Account”) will automatically enroll you to be a Member of the Lakai Membership Program (the “Program”). You agree to provide true, accurate and current contact information, and we are not responsible for your inability to receive or redeem benefits or other loss if you fail to do so. You are responsible for all activities that occur under your account. You are also responsible for maintaining the security of your account and password and making sure that no one besides you has access.
Earning Rewards. Members receive Rewards on qualifying full price Lakai purchases. Rewards are calculated based on purchase price for merchandise minus coupons, and discounts, and before taxes, shipping costs, or other fees are applied.
The following restrictions apply for earning Rewards:
- Rewards will not be awarded for purchases made prior to enrollment in Lakai Rewards.
- Rewards will not be earned for purchasing the following items (“Rewards Exclusions”): tax, shipping, gift wrap, charitable contributions, gift cards. This list may change without notice.
Rewards will be reflected on your account within seven days after online eligible purchases are shipped. For purchases made in Lakai store locations, Rewards will be reflected within seven days of eligible purchases.
We may restrict your acquisition, use, and redemption of Rewards in any manner, at our sole discretion subject to applicable laws. We reserve the right to change the way you may acquire Rewards or to discontinue Lakai Rewards at any time subject to applicable laws. We reserve the right to expire Rewards after three hundred sixty-five (365) days of inactivity, except if otherwise required by law. We may restrict your ability to obtain or redeem your Rewards based on your place of residence.
You must ensure that we properly post your Rewards to your Rewards account. If you believe that you have validly acquired Rewards that we have not posted to your account, you must contact us at shop@lakai.com within ninety (90) days after the date you claim to have acquired those Rewards. We may require reasonable documentation to support your claim.
Rewards will be automatically reflected on your account in either “points” or dollar value form after eligible purchases.
Rewards Redemption. You can redeem Rewards online by logging into your account. At this time Rewards may not be redeemed in store, but this may change in the future without notice. In some cases, Rewards may exceed the cost of the purchase. If you choose to apply your Rewards to such purchases, you may forfeit the unused portion of the Rewards. Rewards will be applied to your purchase after any discounts and before tax. Additional restrictions may also apply. Lakai employees cannot combine Rewards with their employee merchandise discount.
UNUSED REWARDS EXPIRE AFTER 30 DAYS FROM THE DATE OF ISSUANCE unless otherwise noted. Expiration terms may change at any time at the sole discretion of Lakai. Rewards may not be used toward the purchase of Rewards Exclusions. They may not be used in the same purchase in which they were earned. Rewards cannot be redeemed for cash or a cash equivalent, applied to past purchases (even if made on the same day), or used for purchasing gift cards. Unless and until you redeem your Rewards according to these Terms of Use by applying Lakai Rewards to a transaction at a Location or online through the Services, you do not have any right, title, or interest in your Rewards. We may restrict your acquisition, use, and redemption of Rewards in any manner, at our sole discretion subject to applicable laws. Additional local exclusions may apply.
Returns and Cancellations. Returns are subject to Lakai' Return/Exchange policies.
If you void or return a purchase for which you received Rewards, those Rewards will be deducted from your account at the time of return. If the Rewards have already converted into a Reward before the item is returned, we reserve the right to remove the Reward from your account, and revert any balance in Rewards to the account after subtracting Rewards earned from the returned merchandise.
If you return merchandise purchased with Rewards, the dollar value of the Rewards allocated to the item(s) returned will be reinstated to your account.
No Cash Value. Rewards and Rewards have no "real-world" or cash value. They are purely promotional.
Taxes. You are responsible for all applicable taxes, duties, or other governmental fees (collectively, "taxes") payable in connection with your acquisition, redemption, or use of Rewards or Rewards. If you do not pay the required taxes, you will be responsible for all payments of taxes that are later determined to be due. We reserve the right to collect applicable taxes from you at any time.
Voluntary Account Deactivation. If you voluntarily deactivate your account and have a remaining balance of Rewards, those Rewards will be expired.
Suspended Accounts. If you violate these Terms of Use, we may suspend or cancel your access to and ability to earn or use your Rewards or Rewards. We also may suspend or cancel your access to and ability to use your Rewards and Rewards if we suspect fraudulent, abusive or unlawful activity associated with your account. Lakai reserves the right to deny or terminate membership for any reason, and at our discretion.
Legal
Accessibility
Lakai is committed to improving the accessibility of our websites and electronic communications. Working with a retained accessibility consultant, Lakaiis striving for the highest level of accessibility for people with disabilities.
Over time we will be implementing relevant portions of the Section 508 Web Accessibility Standards developed by the United States Access Board, as well as the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines 2.0. With our consultant’s assistance, we will test our materials with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. These processes will promote accessibility for everyone, regardless of disability or device used to access information on our websites and electronic communications.
Below are some of the steps we are or will be taking to ensure the accessibility of our online materials.
All images will contain appropriate alternative text
Form elements will be properly labeled
Data tables will contain headers where appropriate
Headings will be used throughout the site
Multimedia (video or audio clips) will be captioned and/or described
All areas of the website will be operable without the use of a mouse
Foreground/background color schemes will provide adequate contrast
Information will not be conveyed through the use of color alone
Links will be worded to make sense when read out of context
A method will be provided to bypass repetitive navigational links
Text will be resizable in all browsers
Please be aware that our efforts are ongoing; as a result there may be areas of our sites that are less accessible than others during a given period of time.
TERMS AND CONDITIONS OF PURCHASE
Throughout the following terms and conditions, Lakai Limited Footwear will be referred to as "Lakai" and the purchaser identified on the face of this document shall be identified as "customer."
1.These Terms Prevail. These terms and conditions shall prevail in any conflict between them and any terms in a purchase order, confirmation, acknowledgment, or other form or correspondence prepared by customer. No change in the terms of this order, and no additional or different terms, whether or not they materially alter the order, shall be binding upon Lakai unless such changes or additional or different terms are expressly agreed to in writing by Lakai.
2.Order Acceptance. All solicitations and purchases of Lakai product on www.lakai.com and affiliated sites are undertaken and completed in various locations in the USA. The receipt of an order on Lakai’s website, www.lakai.com, will not constitute acceptance of the order until such time as it is formally approved by Lakai at its headquarters. Lakai's prices may exclude excise, sales, use, GST or similar taxes, freight and other delivery expenses, insurance charges and duties, all of which shall be borne by customer.
All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.
In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
3.Delivery & Acceptance. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
4.Payment.
Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
5.Taxes.
You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
6.Non-Diversion. Customer’s purchase of Lakai product is for personal use and not for resale. Customer agrees not to directly or indirectly advertise or solicit sales or sell Lakai product purchased from Lakai.
7.Warranty. Every product that Lakai sells is covered by a minimum one-year warranty from the date of purchase. The warranty covers defect of workmanship and materials, but DOES NOT cover damage caused by accident, improper care, negligence, normal wear and tear, or the natural breakdown of colors and materials through time, exposure, or extensive use.
8.Return Policy; Warranty Returns. See Lakai’s Return and Warranty Policy.
9.Force Majeure. In the event of a disruption or discontinuance of Lakai's business in whole or in substantial part, either temporarily or permanently, by reason of fire, flood, earthquake, war, governmental restrictions or laws, act of God, embargo labor trouble, or strikes or other cause of like or unlike nature beyond Lakai's control, Lakai shall have the option of canceling delivery of all or any part of the merchandise not yet delivered with no fee or penalty of any kind imposed by customer.
10.No Implied Warranty. Lakai grants no warranties or conditions, expressed, implied, statutory or otherwise regarding the merchandise, its fitness for any particular purpose, quality or merchantability. Lakai shall not be liable for any special, consequential, punitive, incidental, or indirect damages, lost profits, the cost of procurement of substitute products or other services however caused or any theory of liability arising in any way out of this agreement. customer agrees that Lakai's liability under this agreement regardless of the form of action shall in no event exceed the price paid by customer for the subject merchandise. This limitation shall apply even if Lakai has been advised in advance of the possibility of such damages and not withstanding any failure of essential purposes of any limited remedy provided herein.
11.Limitation of Liability. IN NO EVENT SHALL LAKAI BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM DELAYS OR SHIPMENT OF PRODUCTS, EVEN IF LAKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LAKAI’S LIABILITY FOR ANY PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO LAKAI FOR SUCH PRODUCT. NOT WITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL LAKAI’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER TO LAKAI FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL LAKAI BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY CUSTOMER. IN NO EVENT SHALL LAKAI BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
12.Indemnification. Customer shall indemnify, defend, and hold Lakai and Lakai’s officers, agents other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused customer’s misuse of the product or by the negligent or willful acts or omissions by the customer, or (ii) based on any breach of this Agreement by customer.
13.Non-Waiver. The failure of Lakai to insist upon strict performance of any of the terms and conditions of this order or to exercise any rights or remedies, shall not be construed as a waiver of its right to assert any of same or to rely on any such terms and conditions at any time thereafter.
14.Choice of Law and Venue. These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Oregon, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Lane County, Oregon.
15.Severability. If any of the terms and conditions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted.
WEBSITE TERMS OF USE
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Lakai web site located at www.lakai.com and all associated sites linked by Lakai, its subsidiaries and affiliates, including Lakai websites around the world (collectively, the “Site”). The Site is the property of Lakai Limited Footwear (“Lakai”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Lakai reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Lakai grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Lakai, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Lakai’s express prior written consent.
You may use information on Lakai products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Lakai for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Lakai reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Lakai server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Lakai, including any Lakai account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Harassment in any manner or form on the site, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Lakai or other employee, host or representative, as well as other members or visitors of the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate the law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Lakai does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, Lakai is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lakai reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, in its sole opinion, (b) fraudulent, deceptive or misleading, (c) in violation of copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Lakai at its sole discretion.
In an attempt to provide increased value to our visitors, Lakai may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with Lakai, Lakai has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lakai. Lakai has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Lakai’s systems or networks, or any systems or networks connected to the Site or to Lakai.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Lakai on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lakai or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms will control with respect to your use of that portion of the Site or the specific service.
Lakai’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Lakai may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Lakai makes no commitment to update the materials on the Site with respect to such products and services. Additional terms and conditions, incorporated in the Legal section of the Site, may apply. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a Lakai ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Lakai immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Lakai or any other user of or visitor to the Site due to someone else using your Lakai ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Lakai ID, password or account at any time without the express permission and consent of the holder of that Lakai ID, password or account. Lakai cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Lakai’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Lakai’s Privacy Policy, <<click here="">>. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Lakai Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Lakai’s control, and Lakai is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
LAKAI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LAKAI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LAKAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAKAI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LAKAI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LAKAI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Lakai reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Typographical Errors
In the event a Lakai product is listed at an incorrect price due to a typographical error, error in pricing information received from our suppliers, or from a computer hack or other computer glitch, Lakai will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lakai will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lakai will issue a credit to your credit card account in the amount of the incorrect price.
Limitation of Liability
Except where prohibited by law, in no event will Lakai be liable to you for any special, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Lakai has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Lakai 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 any Content, Lakai’s liability will in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Lakai (but not including the purchase price for any Lakai hardware or software products or any AppleCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Lakai, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Lakai by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Lakai may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Lakai’s rights or property, or the rights or property of visitors to or users of the Site, including Lakai’s customers. Lakai reserves the right at all times to disclose any information that Lakai deems necessary to comply with any applicable law, regulation, legal process or governmental request. Lakai also may disclose your information when Lakai determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Lakai may preserve any transmittal or communication by you with Lakai through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Lakai determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Lakai, its employees, users of or visitors to the Site, and the public.
You agree that Lakai may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Lakai, for which monetary damages would be inadequate, and you consent to Lakai obtaining any injunctive or equitable relief that Lakai deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Lakai may have at law or in equity.
You agree that Lakai may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Lakai does take any legal action against you as a result of your violation of these Terms of Use, Lakai will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Lakai. You agree that Lakai will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LAKAI TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LAKAI FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LAKAI AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LAKAI AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
(a) Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against Lakai, that Lakai has against you, or that you have or Lakai has arising from or relating to these Terms, our products or our Services, or any aspect of the relationship between you and Lakai as relates to these Terms, our products, or our Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and Lakai agree to attempt to first resolve the Claim informally via the following process:
• If you assert a Claim against Lakai, you will first contact Lakai by sending a written notice of your Claim (“Claimant Notice”) to Lakai by certified mail addressed to Lakai HQ, 375 W 4th ave STE 202, Eugene, OR 97401 or by email to shop@Lakai.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
• If Lakai asserts a Claim against you, Lakai will first contact you by sending a written notice of Lakai’ Claim (“Lakai Notice”), and each of a Claimant Notice and Lakai Notice, a (“Notice”) to you via email to the primary email address associated with your account. The Lakai Notice must (i) include the name of a Lakai contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
• If you and Lakai cannot reach an agreement to resolve the Claim within thirty (30) days after you or Lakai receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Lakai first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
(b) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Lakai, including any disputes in which you or Lakai seek injunctive or other equitable relief for the alleged unlawful use of your or Lakai’ intellectual property or other infringement of your or Lakai’ intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
(c) Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
(d) Arbitration Procedure. All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA.
The then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Lakai:
• YOU AND LAKAI AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND LAKAI ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedure to govern if twenty-five (25) or more similar or coordinated claims are asserted against Lakai or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
• For any arbitration you initiate, you will pay the consumer filing fee, and Lakai will pay the remaining AAA fees and costs. For any arbitration initiated by Lakai, Lakai will pay all AAA fees and costs.
• For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.
• If you or Lakai submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Lakai agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Lakai agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
• The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
• The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Lakai or against you by the same or coordinated counsel or are otherwise coordinated.
• In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Lakai understand and agree that when twenty-five (25) or more similar claims are asserted against Lakai or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Lakai’ Claim might be delayed. For such coordinated actions, you and Lakai also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Lakai shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
• This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.
• The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Lakai’ case is selected for a bellwether process, withdrawn, or otherwise resolved.
• A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Lakai or you.
(e) One Year to Assert Claims. To the extent permitted by law, any Claim by you or Lakai relating in any way to these Terms, our products or our Services, or any aspect of the relationship between you and Lakai as relates to these Terms, our products, or our Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Lakai will not have the right to assert the Claim.
(f) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at shop@Lakai.com or by certified mail addressed to Lakai HQ, 375 W 4th ave STE 202, Eugene, OR 97401. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
(g) Rejection of Future Arbitration Changes. You may reject any change we make to Section 17 (except address changes) by personally signing and sending us notice within 30 days of the change via email at shop@Lakai.com or by certified mail addressed to Lakai HQ, 375 W 4th ave STE 202, Eugene, OR 97401. If you do, the most recent version of Section 21 before the change you rejected will apply.
(h) Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
(i) Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 17 of the Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.
Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Oregon, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Lane County, Oregon.
Void Where Prohibited
Lakai administers and operates the Site from its location in Eugene, Oregon, in the United States of America; other Lakai sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Lakai reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and Lakai with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Lakai with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Lakai, Lakai will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Lakai’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Lakai of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Lakai and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.
Lakai provides access to Lakai international data and, therefore, may contain references or cross references to Lakai products, programs and services that are not announced in your country. Such reference does not imply that Lakai in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site will be deemed to be non-confidential. Lakai will be free to use such information on an unrestricted basis.
Processing & Shipping
Processing:
Once you have placed an order on our site you will receive a confirmation email. To cancel an order please email us atshop@lakai.comimmediately. Once you have received a tracking number your order will be unable to be cancelled.
Once an order has been fully placed we are unable to switch items or sizes. So be sure to order the correct sizes, colors, & include the correct address and email.
Please allow 1-3 business days for your order to be shipped. Once it has been shipped you will receive a confirmation email with a tracking number.
Lakai’s warehouse hours are from 10am-7pm PST Mon-Fri. All orders are shipped from our Los Angeles warehouse. Any order placed on Friday after 11am will be sent out on the following Monday.
Domestic:
We ship Domestic orders using a variety of shipping carriers and services. Ground shipping takes around 3-6 days to arrive after being picked up by the carrier. Please give express shipping options 1 day to ship after placing (except on weekends).
INTERNATIONAL ORDERS
We ship international orders via FedEx. The customer is responsible for all import duties to their own country.
WHICH COUNTRIES DO YOU SHIP TO?
International shipping is currently available WORLDWIDE fromLakai.Your countries Customs may require recipients to pay applicable duties and taxes on each shipment entering said country. These charges may include PST, GST, HST, duties and other taxes of goods (e.g. Excise Tax). A brokerage fee is also charged to process shipments and present the requisite customs paperwork to Customs on the importer’s behalf.
CAN I CHECK THE STATUS OF MY INTERNATIONAL ORDER?
To check the status of your order or track your package, please login to your account.
TRACKING YOUR ORDER
You will receive an order confirmation once your order has been successfully transmitted. In addition, a shipping confirmation e-mail will be sent once your order has been shipped. This confirmation will include the tracking number for your package.
REFUSED SHIPMENTS
If you decide to refuse any shipments from Lakai.com, you are responsible for the original shipping charges to you that are incurred on the package (on both the original and return shipments), and the cost of returning the package to lakai.com. This amount will be subtracted from your merchandise refund.
PRODUCT AVAILABILITY
Although availability may be indicated on the Site, we cannot guarantee product availability or immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
SIZING
We have added a size chart. Reference the size charts to help determine your size when ordering from lakai.com. If you are between sizes or need assistance selecting the proper size, please contact Customer Service by email.
DISCLAIMER OF WARRANTIES
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Lakai collectively, and its subsidiaries and/or affiliates (“Lakai”) 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 Lakai.
SITE CONTENTS
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. 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 Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Lakai on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Lakai. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Lakai of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Lakai will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Lakai is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Lakai may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Lakai may use your information for marketing and promotional purposes.
LAKAI’ COMMUNICATIONS TO YOU
You agree that Lakai may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Lakai products or services, or for such other purpose(s) as Lakai deems appropriate.
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 LAKAI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on saintgracestore.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Return Policy.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Lakai, their affiliates, parents and respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or from any violation of these Terms of Use by you. Lakai reserves the right to assume, at their sole expense, the exclusive defense and control of any matter subject to this indemnification by you, in which event you agree to fully cooperate with Lakai in asserting any available defenses.
Giveaways
Terms & Conditions
1.Eligibility.
This sweepstakes is open to residents worldwide, who are 13 years of age or older at time of entry and who have Internet and email access as of December 12, 2016.
2.How To Enter.
You may enter the Sweepstakes online anytime while entry form is live by visiting the Lakai contestspage (https://www.lakai.com/giveaways) and entering by submitting the required form fields. Use of a false email account will disqualify an entry. Sponsor is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, lost, late, misdirected, garbled or delayed entries or other communications or other technical problems related to the Sweepstakes or Sweepstakes entries. The use of scripts or any automated system to enter is strictly prohibited. Sponsor, in its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the Site, or who otherwise violates these rules.
3.Prize.
Winner will be chosen on or around August 11th.The winners will receive a pair of Sunglasses and a Souvenir Jacket. Odds of winning prize depend on the number of eligible entries received. Prize is not transferable and subject to availability. No substitution of prize for cash or other goods and services is permitted, except Sponsor reserves the right to provide a substitute prize of approximately equal value. All expenses not specified above, including, without limitation, all federal, state, provincial, and local taxes, and international tariffs, are the sole responsibility of the individual winner.
4.Drawing.
Potential winner will be determined by Lakai Limited Footwear on or about the end date from all eligible entries received. The determining of the winner will be conducted by Lakai Limited Footwear, the judge of the Sweepstakes, whose decisions are final and binding. Potential winner will be notified on or within 3 days of drawing by an email sent to the email address specified at the time of entry. If the potential winner does not respond within 48 hours of the date of the prize notification by email, fails to comply with the instructions contained in the prize notification within that time period, is ineligible for the prize, or refuses to accept the prize, Sponsor reserves the right to randomly choose an alternate potential winner from the pool of remaining eligible entries. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate potential winner. In the event of a dispute concerning the identity of the person submitting an entry online, the entry will be deemed to be submitted by the person in whose name the email account for the email address provided to Sponsor is registered. Potential winner may be required to provide a driver's license and/or other evidence of identity in connection with claiming the prize. Winner may be required to complete and sign an Affidavit of Eligibility and Liability Release and, except where prohibited, a Publicity Release in the form provided by Sponsor, within seven (7) days of attempted notification in order to claim prize. If a minor wins a prize, it will be awarded in the name of the minor's parent or legal guardian, who will also be responsible for signing any necessary releases, consents and affidavits. An entrant is not a winner unless and until the entrant's eligibility has been verified and entrant has complied with all Sweepstakes requirements. Please allow four (4) weeks for delivery of prize.
5.General Conditions.
Lakai Limited Footwearhas the right to cancel, terminate or modify this Sweepstakes if it cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Sponsor's control, and to select winner from eligible entries received on or before the termination date. Sponsor is not responsible for any failure to contact entrants, whether due to technical or human error. By entering this Sweepstakes, entrants agree (i) to be bound by these rules; (ii) that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU; (iii) that Sponsor has the right to use entrant's first name, last name, and city and state on Sponsor's website and in any and all publicity and advertising **company** without any further attribution, notification or compensation to entrants except where prohibited by law; (iv) to be contacted by Sponsor by telephone, mail or email regarding this Sweepstakes; and (v) to release and hold harmless Sponsor and its agents for any liability, damages, loss or injury resulting from entrants' participation in this Sweepstakes or the acceptance, possession, shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. Entrants and winner assume sole liability for injuries, including personal injuries and/or damage to person or property, caused or claimed to be caused by participating in this Sweepstakes or the acceptance, possession, shipping and handling, loss, use or misuse of any prize awarded. The Sweepstakes is governed by the laws of the United States and all claims must be resolved in the United States.
The information you provide will be used for contacting and delivering prize winnings to sweepstake winner. Your email address will also be added to the email list of Lakai.You have the option to opt out of this by unchecking the box. Box is checked by default.
By submitting an entry to this Sweepstakes, you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Lakai Limited Footwear, and that you satisfy all eligibility requirements. Sweepstakes governed by U.S. law. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. No purchase necessary to enter or win. A purchase will not improve your chances of winning.
MISCELLANEOUS
Unless otherwise specified and except to the extent LAKAI products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Lakai products and services available in the United States. This Site is controlled and operated by Lakai from its office in Eugene, Oregon.
TERMINATION
These Terms of Use are effective unless and until terminated by Lakai, at any time. In addition to any other legal or equitable remedy, Lakai may revoke any or all of your rights under these Terms of Use or terminate these Terms of Use immediately without notice. Lakai can also deny you access to the Site and revoke any password(s) and/or account information issued to you, if in their sole discretion, you fail to comply with any term or provision of these Terms of Use or other Site legal notices and policies. Upon such termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made pursuant to these Terms of Use or otherwise.