APPLICATIONS (THE “SERVICES”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND
ALL TERMS INCORPORATED BY REFERENCE. THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING YOU TO ARBITRATE ANY
DISPUTES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
(collectively, “Brooks” or “we”), and apply to your access to, and use of, the Services,
including any purchase you make through the Services. These Terms do not alter in any way the terms or conditions of
any other agreement you may have with Brooks for products, services or otherwise (including but not limited to the
Brooks Sports, Inc. Product Testing Agreement). If you are using the Services on behalf of any entity, you represent
and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to
indemnify you and Brooks for violations of these Terms.
Brooks reserves the right to change or modify these Terms or any policy or guideline of the Services, at any time and
in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the
Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your
continued use of the Services following the posting of changes or modifications will confirm your acceptance of such
changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand
the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must
stop using the Services.
If you have any question regarding the Services or these Terms, please refer to our Help Section or to our Frequently
Asked Questions. All other questions or comments about the Services should be directed to Brooks Customer Service.
information of our users.
Please note that if you have allowed cookies on our websites, our Services may contain Google Maps features and
content for address verification purposes during the checkout and returns processes. Google Maps is subject to the
2. Terms of Sale
All sales made through the Services are governed by our Terms of Sale, below. Please refer to these Terms of Sale for
the terms, conditions and policies applicable to your online purchases from Brooks. These Terms of Sale are subject
to change without notice, at any time and in our sole discretion, so you should review these Terms of Sale each time
you make a purchase through the Services.
a. Pricing; Orders; Taxes
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges may be
additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order.
The prices listed via the Services are only advertisements and are not offers to form an agreement. By placing an
order via the Services, you are making an offer to Brooks to purchase products or services. Any order shall be
subject to acceptance by Brooks and Brooks may reject all or any part of an order and discontinue products or
services without notice. In addition, order confirmation emails are subject to product availability, will specify
pre-ordered, back-ordered, or in-stock items, and will include an estimated shipping timeline. All prices are
subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment
checkout screens. Several factors may cause this adjustment, such as variances between processor programs and
changes in tax rates. Confirmation of additional information may be necessary prior to the acceptance of an order.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in
connection with your purchase. Brooks is not required to collect and remit sales or use taxes in all states and
jurisdictions. If you do not pay such taxes or fees in connection with a transaction via the Services, you will be
responsible for such taxes or fees in the event that they are later determined to be payable. Brooks reserves the
right to collect such taxes or other fees from you at any time.
We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not represent or
warrant that any product, service, description, photograph, pricing or other information is accurate, complete,
reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in
processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error
and revise your order accordingly (including charging the correct price, or updating the shipping timeline) or to
cancel the order and refund any amount charged. Your sole remedy in the event of an error is to return the product
or service and obtain a refund in accordance with the requirements for returns provided in Section h (Returns and
Exchanges) of these Terms of Sale.
Brooks may offer discounts or discount programs, either of which may be changed or revoked at any time. Discount
programs are intended for personal use only (not for resale). You may not share discounts with third parties or make
purchases for anyone other than immediate family members, unless the terms of the discount program state otherwise.
Discount programs may not be applicable to specific products or to sale items. Discount programs cannot be combined
with other offers, including free shipping.
We may offer you the ability to pre-order select products before they becomes available. If an item is available for
pre-order you will see a pre-order label on the product page. Please note, adding items to your cart alone does not
complete the pre-order process. You need to finish the checkout process to confirm your pre-order. If you choose to
pre-order a product, we will not charge you until the product becomes available and we can complete your purchase.
Please note that an authorization charge may be required by your financial institution resulting in a temporary hold
on your account on purchases made via the Services.
e. Out-of-Stock Items; Back-Orders
If the color, size or width of a product you would like to purchase is not shown in the relevant drop-down box or
list of options on the product's information page, then the color, size or width is not available for purchase.
Items available for back-order will be labeled (or you can choose to be notified when the product is back in-stock).
An estimated ship date for each item may be included for back-ordered items in the cart. Please note that an
authorization charge may be required by your financial institution resulting in a temporary hold on your account on
purchases made via the Services. In the event that the specific product that you would like to purchase is
unavailable or unavailable for back-order, please check our Services at a later time as our inventory of products is
subject to change.
f. Shipping & Handling; Export
You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the
right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges
prior to placing an order. In general, we ship all products by standard ground delivery, unless otherwise directed
by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All
orders placed through the Services are shipment contracts, not destination contracts, so the title and risk of loss
or damage to all products purchased via the Services will pass to you upon Brooks’ delivery of the products to
a transportation carrier. Any shipping or delivery dates or times shown on the Services are estimates only and
actual delivery dates and times may vary. You agree that you will not obtain or direct shipment of any product
purchased through the Services for export.
g. Payment; Credit for Refunds
Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services
through the Services, and all refunds will be credited to the same credit card or, in our discretion, other payment
method. 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
h. Returns and Exchanges
If for any reason you are not completely satisfied with your purchase from Brooks within the first ninety (90) days
after your purchase via the Services, we will replace or exchange your product pursuant to our Run Happy Promise.
General information and instructions regarding returns, exchanges and refunds can be found in our Returns Center.
Worn or used Brooks products that you purchased from the Services may be returned within ninety (90) days of purchase
pursuant to Brooks’ Run Happy Promise. Unworn or unused Brooks products that you purchased through the
Services may be returned within three hundred sixty five (365) days of purchase. To make a return within this
policy, please visit our Returns Center to initiate your return and create your complimentary return shipping label.
The title and risk of loss or damage to any products returned to Brooks, whether or not worn or used, will pass to
Brooks upon its actual receipt and acceptance of such returned products.
If a gift certificate, card, voucher, coupon or payment method other than a credit or debit card was used to pay the
original price of the product you purchased, or if the purchase you made was part of a special offer that is not in
effect when you make your return, we may give you a merchandise credit. After we have received your valid return, we
will provide one of the following within a reasonable time: (a) an exchange of merchandise for the item returned,
(b) a non-transferable merchandise credit, (c) a non-transferable gift certificate or gift card, (d) a credit to the
credit card or other payment method used to pay for the product, (e) a check, or (f) another remedy that we
determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions,
we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including
(without limitation) basing our response on the current sales price.
To return Brooks products that you purchased from a 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 by using our email form or by contacting us by phone at 1 (855) 427-6657.
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 (855) 427-6657.
3. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age
of 18, or age of legal majority under applicable law, you may only use the Services under the supervision of a
parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant
that you (a) have not been previously suspended or removed from the Services; (b) do not have more than one online
account with Brooks; and (c) have full power and authority to enter into this agreement and that, in doing so, you
will not violate any other agreement to which you are a party.
In order to create a profile or post a comment on the Services, you may need to register for an online account. When
registering for an account, you cannot create an account name that incorporates a trademark without authorization
from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that
holds legal claim, including trademark rights, in those names.
In consideration of your use of the Services, you agree to (v) not make fraudulent transactions; (w) provide
accurate, current and complete information; (x) maintain and promptly update your account information; (y) maintain
the security of your password and accept all risks of unauthorized access to your account and the information you
provide to Brooks; and (z) promptly notify Brooks if you discover or otherwise suspect any security breaches related
to the Services. You agree to not engage in any unlawful activity while using the Services.
c. Brooks Run Club Membership Account
Benefits of the Program (“Benefits”) are offered solely at Brooks’ discretion and may be changed or removed at any time. Benefits are subject to change and may include exclusive online content, expedited shipping to certain locations, access to Program sweepstakes and prizes, early access to certain shoes and apparel, gift codes on certain Brooks products, and collaborative offers with other brands. In addition, only Members may connect with Brooks using DashLX.
Brooks reserves the right to exclude individuals from the Program in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its Benefits, including multiple redemptions of gifts by the same individual via different accounts, failure to follow any terms of the Program, reselling Benefits, or any misrepresentation or any conduct detrimental to the interests of Brooks not otherwise protected by law may subject Members to Program revocation.
Reservation of Rights
The Program and its Benefits are offered at Brooks’ discretion, and Brooks reserves the right to modify or discontinue, temporarily or permanently, the Program, including Benefits offered, in whole or in part, for any reason, at our sole discretion. We may, among other options, withdraw, limit, modify, or cancel any Benefit or increase or decrease the requirements for any Benefit. Where we make changes to the Program, we will update these Membership Terms and will indicate the date the Program was last revised. Your continued Membership after such changes constitutes your acceptance of the changes.
Member agrees that Brooks will not be liable to you or any third party for any modification or discontinuance of the Program or Benefit offered, in whole or in part.
You must provide Brooks with a current, valid email address to be able to participate in and receive Benefits of the Program. If your email address changes, log in to your account and update your Personal details. You may opt out of the Program at any time by canceling your Brooks Run Club account. To do so, contact Customer Service.
California Notice of Financial Incentive
Under California law, loyalty programs may be considered a financial incentive. Please find the Brooks Notice of Financial Incentive here: https://www.brooksrunning.com/en_us/privacy/privacy-policy/#financial-incentives.
4. Copyright and Limited License
Unless otherwise indicated on the Services, the Services and all content and other materials therein, including,
without limitation, the Brooks logo and all designs, text, graphics, pictures, information, data, software, sound
files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property
of Brooks or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services ; however, such
license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the
Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution,
public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the
Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or
extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any
information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the
Content other than for their intended purposes. Any use of the Services or the Content other than as specifically
authorized herein, without the prior written permission of Brooks, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws, including without limitation
copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated
herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether
by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Brooks has adopted a
policy of terminating, in appropriate circumstances and in Brooks' sole discretion, account holders or other users
of the Services who are deemed to be repeat infringers. Brooks may also, in our sole discretion, limit access to the
Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether
or not there is any repeat infringement.
If you believe that anything on the Services infringes any copyright which you own or control, you may file a
notification of such infringement with our designated agent as set forth below: Attn: General Counsel
Address: 3400 Stone Way N, Suite 500, Seattle, WA 98103
Phone: 1 (855) 427-6657
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you
knowingly make any material misrepresentation in your notification that the material or activity is infringing, you
will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the
result of our relying upon such misrepresentation in removing or disabling access to the material or activity
claimed to be infringing.
"Brooks," "Brooks Running," "Moving Comfort" and the Brooks logo and any other Brooks product or service names, logos
or slogans that may appear on the Services are trademarks of Brooks Sports, Inc. or our subsidiaries in the United
States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior
written permission of Brooks or the applicable trademark holder. You may not use any metatags or other "hidden text"
utilizing "Brooks," "Brooks Running," "Moving Comfort" or any other name, trademark or product or service name of
Brooks without our prior written permission. In addition, the look and feel of the Services, including all page
headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Brooks and
may not be copied, imitated or used, in whole or in part, without our prior written permission. All other
trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the
property of their respective owners. Reference to any products, services, processes or other information, by name,
trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation by Brooks.
7. Brooks Intellectual Property
You may not use a Brooks logo or other proprietary graphic of Brooks to link to the Services without the express
written permission of Brooks. Further, you may not use, frame or utilize framing techniques to enclose any Brooks
trademark, logo or other proprietary information, including the images found at the Services, the content of any
text or the layout/design of any page or form contained on a page on the Services without Brooks' express written
consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in
or under any patent, trademark, copyright or proprietary right of Brooks or any third party.
8. Third-Party Content
Brooks may provide third party content or run promotions from third parties and may provide links to web pages,
products, services and content of third parties on the Services (collectively, "Third Party Content"). Brooks does
not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind
regarding the Third Party Content, including without limitation regarding its accuracy or completeness. Your
business dealings or correspondence with, or participation in promotions of, such third parties, and any terms,
conditions, warranties or representations associated with such dealings or promotions, are solely between you and
such third party; when you leave the Services, you should be aware that our terms and policies no longer govern.
Brooks is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings
or promotions or as the result of the presence of Third Party Content on the Services.
9. User Content and Interactive Features or Areas
The Services may include discussion forums, blogs or other interactive features or areas in which you or other users
create, post, transmit or store content, including but not limited to text, music, sound, photos, video, Product
Reviews (as defined in Section 11), graphics, code and other items or materials (collectively, "User Content"). User
Content is publicly-viewable and may include your profile information and any content you post pursuant to your
profile. You agree that you are solely responsible for your User Content and for your use of such interactive areas,
and that you use them at your own risk.
By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create
or otherwise publish through the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights
of any party, or that would otherwise create liability or violate any local, state, national or international
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful
right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in the sole judgment of Brooks, is objectionable or which restricts or inhibits any other
person from using or enjoying the Services, or which may expose Brooks or our users to any harm or liability of
- You further agree that you will not violate any law, contract, intellectual property or other third-party right
or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you
will abide by these Terms and will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from
fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services
in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain
letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other
users from the Services for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the
Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or
circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as
otherwise expressly permitted by law);
- Use or attempt to use another's account without authorization from such user and Brooks;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of
the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any
products or services for any purpose, except as required by the Federal Trade
- Commission and other similar guidelines;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and the Services without our prior written
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that
violates these Terms.
Brooks is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether
online or offline), nor is Brooks responsible or liable for any associated loss, damage, injury or harm. Enforcement
of these Terms is solely in Brooks' discretion, and the absence of enforcement of these Terms in some instances does
not constitute a waiver of Brooks' right to enforce these Terms in other instances. In addition, these Terms do not
create any private right of action on the part of any third party or any reasonable expectation or promise that the
Services will not contain any content that is prohibited by these Terms. As a provider of interactive services,
Brooks is not liable for any statements, representations or User Content provided by our users through the
interactive area of the Services. Although Brooks has no obligation to screen, edit or monitor any User Content,
Brooks reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored
on the Services at any time and for any reason without notice, and you are solely responsible for creating backup
copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of
your rights to use the Services.
10. Product Reviews; Rights in User Content
We may provide specific opportunities for you to tell Brooks or other Brooks users what you think about our products
or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your
opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that
might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment,
you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such
review, and Brooks does not endorse or approve of any such reviews or have any responsibility or liability for the
accuracy, appropriateness or content of such reviews. Finally, we may use a third party to manage reviews or provide
users with the opportunity to review Brooks products or services. In that case, you will also need to review such
do not use the third party to provide Product Reviews.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information or materials about Brooks, the Services or our other products
and services ("Submissions"). Submissions, whether submitted through the Services or otherwise, are non-confidential
and shall become the sole property of Brooks. Brooks shall own exclusive rights, including all intellectual property
rights, in and to such Submissions and shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. Complaints and Legal Notices
All complaints and legal notices should be mailed to Brooks Sports, Inc., Attn: Legal Department, 3400 Stone Way N,
Suite 500, Seattle, WA 98103. If a law requires us to accept legal notices via email, call 1 (855) 427-6657 to ask
for the address intended for receipt of such notices.
You agree to defend, indemnify and hold harmless Brooks and our officers, agents, partners, employees, independent
contractors, service providers and consultants, and their respective directors, employees and agents, from and
against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys'
fees) arising out of or related to: (a) your use of the Services; (b) any User Content you post, upload, use,
distribute, store or otherwise transmit on or through the Services; (c) any Submissions you provide; (d) your
violation of these Terms; or (e) your violation of the rights of another.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BROOKS, THE SERVICES AND THE CONTENT CONTAINED THEREIN
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BROOKS DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. BROOKS DOES
NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
BROOKS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE
BROOKS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, BROOKS CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
The Services may include items that encourage physical activity. They are for your information only and are not
considered medical advice. Seek advice from your medical professional and consider all risks before engaging in any
Brooks is not responsible or liable for any injuries or damages you may experience that result from your use of, or
inability to use, the Services or Brooks products.
BROOKS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS OR SERVICES. ANY IMPLIED
WARRANTIES ON PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO THE 90-DAY PERIOD FOR RETURNS PROVIDED FOR IN THE RUN HAPPY PROMISE.
Brooks reserves the right to change any and all content contained in the Services and to modify, suspend or
discontinue the Services or any features or functionality of the Services at any time without notice and without
obligation or liability to you. Reference to any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Brooks. Some jurisdictions do not allow the disclaimer of
implied terms in contracts with consumers or limits on how long an implied warranty lasts, so some or all of the
limitations and disclaimers in this section may not apply to you.
15. Limitation of Liability
IN NO EVENT SHALL BROOKS, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, OR THE CONTENT
CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BROOKS, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO BROOKS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BROOKS,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO THE USE OF OR INABILITY TO USE
THE PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BROOKS FOR ACCESS TO OR USE OF THE PRODUCTS OR
16. Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BROOKS AND LIMITS
THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BROOKS.
You and Brooks agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you
and Brooks are not required to arbitrate any dispute in which either party seeks equitable and other relief for the
alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS
YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Brooks agree that you will notify each other in writing
of any dispute within thirty (30) days of when it arises. Notice to Brooks shall be sent to Brooks Sports, Inc.,
3400 Stone Way N, Suite 500 Seattle, WA 98103, attention Legal Department. You and Brooks further agree: to attempt
informal resolution prior to any demand for arbitration; that any arbitration will occur in King County, Washington;
that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the
American Arbitration Association; and that the state or federal courts in King County, Washington have exclusive
jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to
arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any
remedy that would otherwise be available in court. Any dispute between the parties will be governed by this
Agreement and the laws of the State of Washington and applicable United States law, without giving effect to any
conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the
dispute is heard in arbitration or in court, you and Brooks will not commence against the other a class action,
class arbitration or other representative action or proceeding.
Notwithstanding any of these Terms, Brooks reserves the right, without notice and in our sole discretion, to
terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to
and use of the Services or any portion thereof.
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