Brooks Sports, Inc. Terms of Sale

Last Updated: January 21, 2014

PLEASE READ THESE TERMS OF SALE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. BY PURCHASING ANY PRODUCTS OR SERVICES PROVIDED BY BROOKS SPORTS, INC. YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT MAKE ANY PURCHASES THROUGH OUR SERVICES.

Brooks Sports, Inc. and our subsidiaries (collectively, "Brooks" or "we"), may make products or services available to you for purchase through our websites or other online or mobile services or applications (collectively, the "Services"). Your purchase of any products and services through the Services is governed by these Terms of Sale ("Terms") and our Terms of Use, which is incorporated herein by reference.

We reserve the right to change or modify these Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revised Terms to our Services. Your continued purchase of products or services following the posting of such changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should review these Terms prior to making any purchase through the Services.

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

1. Pricing; Orders; Taxes

All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order. 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. If Brooks accepts your order, Brooks will notify you of its acceptance by providing an order confirmation. 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.

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.

2. 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 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 7 (Returns and Exchanges) of these Terms.

3. Pre-Orders

We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will not charge you until the product becomes available and we can complete your purchase.

4. Out-of-Stock Items

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. In the event that the specific product that you would like to purchase is unavailable, please check our Services at a later time as our inventory of products is subject to change.

5. 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.

6. 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. 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.

7. Returns and Exchanges

If for any reason you are not completely satisfied with your purchase from Brooks within the first thirty (30) days after your purchase via the Services, we will replace or exchange your product pursuant to our True Blue Guarantee. General information and instructions regarding returns, exchanges and refunds can be found in ourReturns Help Section.

To return Brooks products that you purchased from a U.S. 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 at 1-800-227-6657 within thirty (30) days of your purchase for return authorization.

To return unworn or unused Brooks products that you purchased through the Services, please package the products you purchased in their original packaging and return the products to us at the address provided in your original shipment package within thirty (30) days of purchase. Please include the bottom half of the packing slip included in your original shipment. To create your complimentary return shipping label, please follow the directions detailed in Brooks’ True Blue Guarantee program.

To return worn or used Brooks products that you purchased from the Services, please contact Brooks Customer Service at 1-800-227-6657 within thirty (30) days of purchase and we will replace or exchange your product pursuant to Brooks' True Blue Guarantee program. 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.

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 1-800-227-6657.

8. Complaints and Legal Notices

All complaints and legal notices should be mailed to Brooks Sports, Inc., Attn: Legal Department, P.O. Box 31509, Seattle, WA 98103. If a law requires us to accept legal notices via email, call 1-800-227-6657 to ask for the address intended for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.

9. Limited Warranty

Brooks provides the True Blue Guarantee and Brooks products may be returned or service fees refunded in accordance with Brooks' Return Policy. THIS IS BROOKS' SOLE EXPRESS WARRANTY, WHICH SUPERSEDES ANY PRIOR REPRESENTATIONS AND UNDERSTANDINGS CONCERNING THE PRODUCTS AND/OR SERVICES THAT YOU RECEIVE FROM BROOKS. BROOKS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, EXPRESS WARRANTIES AND CONDITIONS, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.

10. Disclaimers

BROOKS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS OR SERVICES. ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE 30-DAY PERIOD FOR RETURNS PROVIDED FOR IN THE TRUE BLUE GUARANTEE.

Some states do not allow limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply 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.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BROOKS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF BROOKS, WHETHER IN CONTRACT OR WARRANTY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE BASIS.

You and Brooks agree to arbitrate any dispute arising from these Terms or the sale and purchase of products or services from Brooks, except that you and Brooks are not required to arbitrate any dispute in which either party seeks equitable or 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 of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Seattle, Washington, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Brooks also agree 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 the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles. 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.

13. 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.