Terms & Conditions
Date of Last Revision: September 13, 2022
By purchasing products from this site, and in certain regions, you will be automatically opted in The Original Muck Boot Co. and Rocky Brands mailing list and may receive future promotions from any of our brands and/or web sites. In regions where automatic opt in are not compliant with applicable laws, you will not be automatically opted in. To view a list of brands, visit www.rockybrands.com.
Use of Site
By use of this Rocky Brands (“Rocky”) website (the “Site”), you accept and agree to be bound and abide by all of the terms, conditions, and notices contained or referenced in this Site (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, do not use this Site. Rocky reserves the right to update or revise these Terms and Conditions from time to time. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You may use the Website only for lawful purposes and in accordance with these Terms & Conditions.
This Site is offered and available to users who are 16 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.
The entire content of this Site is protected by copyright. You may not copy, distribute, or create derivative works from any part of this website (including its graphics, pictorial matter, and text) without the prior written consent of Rocky unless otherwise expressly permitted by the Site.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Rocky, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. ROCKY® and the Ram's Head Design; Durango® with cowboy design; Georgia with Eagle design, XTRATUF® and the stylized wordmark, The Original Muck Boot Co. and the diamond design, NEOS and the curves design, Servus and the stylized wordmark with boot design and Ranger with the yellow badge design are registered trademark of Rocky. Other names, logos, designs, titles, words, or phrases within this Site, including but not limited to ROCKY ELIMINATOR©, The Original Muck Boot Co.©, PROHUNTER©, SILENTHUNTER©, and CORNSTALKERS, Georgia Giant, Comfort Core, Durango Boot are trademarks, service marks, or tradenames of Rocky and may not be used without the prior written permission of Rocky. Rocky claims no interest in marks owned by other entities not affiliated with Rocky which may appear on this Site.
These Terms & Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide Facebook, Instagram, or YouTube with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Rocky Mail Sections
Should you submit your contact information through the “Mail” link, or should you choose to leave the checkmark in the box next to the words “subscribe to the Newsletter” when contacting Rocky through the “Contact Us” link, you agree to receive periodic promotional emails relating to product information, coupons, and discounts offered by Rocky and the wholly owned subsidiaries of Rocky Brands, Inc. unless and until you choose to opt out of receiving the email messages through the opt out provisions included in the promotional emails. In regions where automatic opt in are not compliant with applicable laws, you will not be automatically opted in.
No Links; No Endorsement
Any links to third party web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties' ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
No Guarantee of International Service or Compliance
We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
The material in this web site is provided “as is,” and “as available” basis, without any kind of warranty, either express or implied. The material on this web site is not a warranty as to any product or service provided by rocky outdoor gear, Rocky Brands, Inc., or any of the Rocky Brands, Inc. Subsidiaries. Warranties, if any, accompany the product or service when purchased by a customer.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ROCKY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
To the fullest extent provided by law, in no event will Rocky, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any errors, delays, inaccuracies, or omissions in this Site or any sites that are linked to, or referred to by, this Site. Under no circumstances shall Rocky, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, including direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of good will, loss of data, that result from the use of, or inability to use, this Site whether based on actions in contract, tort, negligence, strict liability, or otherwise, even if Rocky has been advised of the possibility of such damage.
You agree to defend, indemnify, and hold harmless Rocky, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Site.
Pricing, Availability, and Errors
The information presented on or through the Site is made available solely for general information purposes. All items listed on the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed the order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, including variances between processor programs and changes in tax rates.
We attempt to be as accurate as possible and to eliminate errors on the Sites; however, we do not 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 Sites, in an order confirmation, in processing an order, in delivering a product or service or otherwise, we reserve the right to correct such error and to revise your order accordingly if necessary, including charging the correct price, or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Online Purchases and Other Terms and Conditions
All purchases through our Site or other transactions for the sale of goods formed through the Site, or resulting from visits made by you, are governed by our Shipping & Returns terms, which are hereby incorporated into these Terms & Conditions.
Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms & Conditions.
Jurisdiction and Venue
You and Rocky agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Site or these Terms & Conditions, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and Rocky also agree and hereby submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Franklin County, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms & Conditions constitute the entire agreement between you and Rocky with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Rocky with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
How to Contact Us
For any other information or questions regarding the Site or the information you have submitted to us through the Site, please contact us at (740) 753-1951 or send us an email to email@example.com.
Content Use Agreement
Rocky Brands appreciates your reviews/posts and know others will benefit from seeing it on our website. As you consider allowing us to publish your post, we want to make sure you know exactly how we intend to use it. You can provide your permission for Rocky Brands, Inc. to use your image, video or other content by utilizing the reviews function on this Site or replying to our Instagram or other social media post with #agree. By providing your permission, you represent and warrant that you own the content and there are no other entities with ownership claims over it. You grant Rocky a non-exclusive and non-revocable commercial right to reproduce the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your content may be used by Rocky either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While Rocky will make commercially reasonable efforts to give you credit for your content and provide a link back to your Facebook, Instagram or Twitter account when applicable, you agree that such credit is not mandatory and your permission for us to use your content is not contingent upon such credit being given. You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your content or our finished work. Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Content Use Agreement shall remain in full force and effect. This Content Use Agreement shall be governed by the laws of the state of Ohio. If you don't agree to these terms, we completely understand, and no further action is required. Thanks again and please email us at CustomerService@RockyBrands.com if you have any questions.