Terms of Use
INTRODUCTION
Welcome to terryslippers.com, the official online store for T3RRYS (referred to as "the Company," "we," "us," or "our"), a fully owned subsidiary of Bambini. The content and services provided on this website, including our microsites and mobile versions (collectively referred to as the "Website"), are governed by these Terms of Use and our Privacy Policy. Please take a moment to read these Terms of Use carefully. By accessing or using this Website, you confirm that you have read, understood, and agreed to be bound by these terms. Additionally, you agree to comply with all applicable laws and regulations, including U.S. Copyright and Trademark laws. If you do not agree with these terms, please refrain from using this Website.
These Terms of Use include a mandatory dispute resolution process, which involves binding arbitration, a waiver of class actions, and a waiver of the right to a jury trial. This means that any disputes must be resolved through individual arbitration or in small claims court, rather than through a traditional court trial. In arbitration, there is no judge or jury, and the process includes limited discovery and appeal rights compared to court proceedings. Please read the dispute resolution section carefully.
PRIVACY
Please take a moment to review the terryslippers.com Privacy Policy, which applies to your use of the Website. It outlines our practices and policies regarding the collection, use, and storage of information about Website users.
OWNERSHIP AND COPYRIGHT
All content on the Website, including but not limited to text, graphics, audio, video, music, images, icons, hyperlinks, advertisements, product displays, HTML code, and scripts (collectively referred to as "Website Content"), as well as the way this content is organized and presented, is owned by the Company and its affiliates, sponsors, distributors, or licensors. It is protected by copyright and other relevant U.S. and international laws. You are granted no rights to the Website Content, except for the limited license provided in these Terms of Use. You may not modify, publish, transmit, sell, reproduce, create derivative works from, distribute, perform, display, or incorporate any Website Content into another website or otherwise exploit it, in whole or in part, without the Company’s express written consent.
TRADEMARKS
The trademarks, service marks, logos, designs, and trade dress (collectively referred to as "Trademarks") on this Website are owned by the Company and may be registered or unregistered. These Trademarks cannot be used in connection with any product or service that is not owned by the Trademark holder, in a way that could cause confusion among customers, or in a manner that could harm or discredit the T3RRYS brand, the Company, its parent, or any affiliate. Nothing on this Website or in these Terms of Use grants you any rights or licenses to use any of the Trademarks displayed here, unless explicitly authorized in writing by the Trademark owner. The names "terryslippers.com," "T3RRYS," and the T3RRYS logos may not be used for any purpose without the prior written approval of the Company.
The Company has a strict policy against using its Trademarks or names in metatags or hidden text. Using the Company’s Trademarks or name as metatag keywords constitutes trademark infringement. Additionally, using the Company’s Trademarks or names in page content, metatags, or hidden text to manipulate search engine rankings is considered unfair competition.
USE OF CONTENT
The Website and its content are intended for personal, non-commercial use by visitors and online shoppers only. Any other use of the Website or its content is prohibited. The Company grants you a limited, non-exclusive, non-transferable, and revocable license to download, copy, and print content from the Website solely for your personal, non-commercial purposes. This license does not transfer ownership, and is subject to the following restrictions: you may not (i) reproduce, publish, transmit, or distribute any content, (ii) modify or create derivative works from the content, (iii) use the content for any commercial purpose, or display, sell, or rent it publicly, (iv) decompile, reverse engineer, or disassemble the content, or (v) remove any copyright, trademark, or proprietary notices. You also agree not to use the Website in any way that could damage its operation or functionality.
USER INFORMATION AND CONTENT
Certain features of the Website may require you to provide personal information ("User Information"), such as your name, address, email, phone number, payment details, credit card information, and billing address. You agree to keep this information accurate and up-to-date and to promptly update it if any changes occur. By using these features, you consent to the transmission of your User Information to the Company and/or its representatives and authorize them to collect, process, and store this information as needed for the Website’s functionality and in accordance with the purposes outlined in the Privacy Policy, which is incorporated by reference.
The Website may allow you to upload photos, videos, or other content ("User Content"). You are fully responsible for the User Content you submit, as well as any consequences of publishing it on the Website and related Company platforms. While you retain ownership of your User Content, you grant the Company a non-exclusive, royalty-free, transferable, worldwide license to use, reproduce, modify, adapt, publish, translate, transmit, distribute, and display your User Content on the Website and related platforms, as well as for business purposes. You also grant other users of the Website and related platforms a non-exclusive license to access, use, reproduce, distribute, and display your User Content as allowed by the Website's features, in accordance with these Terms of Use.
You further grant the Company the right to identify you as the author of the User Content, using your name, email, or screen name. You acknowledge that the Company is not required to use your User Content but may do so at its discretion, and may stop using it at any time for any reason.
You agree not to upload or share any content that: (i) is illegal, threatening, abusive, defamatory, obscene, or offensive; (ii) infringes on the intellectual property rights of others; or (iii) for which you do not have the necessary rights to grant the Company a license to use as described above. You also acknowledge that while the Company is not obligated to monitor User Content, it has the right to remove or reject any content that violates these Terms of Use or is deemed inappropriate.
You acknowledge and agree that the Company does not control or take responsibility for content uploaded by other users on the Website. Any reliance on or use of such third-party content is entirely at your own risk. The Company will not be held liable for any third-party content or for any loss or damage that may arise from your use of or reliance on it.
ACCEPTABLE USE
Your use of the Website and its content is limited to the intended functionality of the Website. You may not use the Website in any way that: (i) is illegal, fraudulent, or deceptive; (ii) harasses, threatens, abuses, stalks, defames, or violates the rights of others, including their publicity or intellectual property rights; (iii) uses unauthorized technology to access Website content; (iv) attempts to introduce viruses, malware, or other harmful code that could damage or disrupt software, hardware, or telecommunications; (v) seeks unauthorized access to our systems or user accounts; (vi) encourages illegal activity or civil wrongdoing; (vii) tries to harm, disable, or overload our servers or networks; or (viii) fails to comply with applicable third-party terms (e.g., wireless carrier agreements). You are required to comply with all applicable third-party Terms of Use, such as those of your wireless carrier, while using the Website. The Company reserves the right to terminate your access or take legal action if it believes you have violated these Terms of Use. Our failure to take action immediately does not waive our right to enforce these Terms in the future.
NOTICE OF INFRINGEMENT
Posting content on the Website that infringes on any intellectual property rights, including copyright, is prohibited. If you believe your rights have been violated, please send a written notice to the address below, including: (i) Identification of the copyrighted work or intellectual property at issue. (ii) Identification of the content you want removed. (iii) Your contact information (name, address, phone, email). (iv) A statement that you believe the use is unauthorized. (v) A declaration that the information is accurate and you are authorized to act on behalf of the rights holder. (vi) The signature of the rights holder or their authorized representative. Content found to infringe intellectual property will be removed promptly upon receipt of a valid notice..
YOUR ACCOUNT
By accessing or using the Website, you are responsible for keeping your account information secure and for restricting access to your computer. You agree to take responsibility for all actions that occur under your account or password. While the Company may offer products for children, we only sell them to adults who can make purchases using a valid credit card or other accepted payment methods. We reserve the right to refuse service, suspend accounts, modify or remove content, or cancel orders at our discretion.
MOBILE TERMS & CONDITIONS
By texting the keyword to the specified shortcode or signing up on our Website, you consent to receive marketing and promotional text messages (such as cart reminders) from the Company or its messaging partners. These messages may be sent using an automated dialing system to the mobile number you provide.
By opting into receiving text messages, you:
By opting in, you authorize the Company to use an automated dialing system to send recurring text messages to the mobile phone number you provide (either from the opt-in form, the number from which you sent the opt-in or the number linked to your account). You acknowledge that agreeing to receive text messages is not a requirement for making a purchase. You confirm that you are the subscriber of the phone number or the primary user on a family or business plan, and that you have the authority to opt in. You consent to using electronic records to confirm your opt-in. If you need a paper or email copy of your opt-in or want to update your contact information, you can reach out to us through the "Contact Us" section below. To view or save an electronic copy of these Terms of Use or your opt-in details, you will need (i) a device with Internet access, (ii) a printer or storage space on your device, and (iii) an email account and software to view emails if requesting an email copy. After you confirm your opt-in, the frequency of messages may vary, including alerts about sales, promotions, events, product launches, cart reminders, and price updates.
Message and data rates may apply. Please check with your wireless carrier for details about your phone's pricing plan. This program may not be available with all carriers. Currently, supported carriers include AT&T, Boost Mobile, Sprint, T-Mobile, U.S. Cellular, and Verizon, but the Company may add or remove carriers from the program at any time without notice. Neither the Company nor the mobile carriers are responsible for any delays, delivery failures, or errors in the messages.
To opt out of receiving text messages from the Company, simply reply with the word "STOP" to any message you’ve received from the Company. This is the only way to unsubscribe. After you send "STOP," you will receive a final confirmation message letting you know your request has been processed.
You can text HELP for help at any time to any of the text messages you have received from or on behalf of the Company.
You confirm that the mobile phone number you provided to the Company is accurate, and that you have the authority to consent to receiving text messages at that number. If you change, deactivate, or give up your phone number, you agree to first opt out of the Company's text message programs, as well as any similar programs from our other brands you may have joined. Failure to do so will be considered a serious violation of these Terms of Use.
COMMENTS AND SUGGESTIONS
The Company values feedback from customers and Website users and welcomes your comments and suggestions about the Website and our products. However, we do not accept comments that are illegal, obscene, threatening, defamatory, invasive of privacy, infringe on intellectual property rights, or are harmful to third parties. Additionally, comments should not contain viruses, political messages, commercial solicitations, chain letters, mass emails, or any form of spam. You may not use a false email address, impersonate others, or mislead us about the source of your comments.
If you submit feedback, please note that we do not accept or consider creative ideas, inventions, or materials unless specifically requested. While we appreciate feedback on our products and services, we ask that you avoid submitting creative ideas or inventions. Any feedback or suggestions you provide will become the property of the Company and will not be treated as confidential. The Company is not responsible for how such feedback is used or disclosed and may use it for any purpose, commercial or otherwise, without compensation to you or anyone else who submitted the information.
PRODUCT DESCRIPTIONS
The Company strives to present products on the Website as accurately as possible. However, the actual colors and details you see may vary depending on your computer monitor's display settings and color capabilities. The Company cannot guarantee that the colors, textures, or details of products will appear exactly as shown on your screen. Additionally, we do not guarantee that product descriptions or other content on the Website are always accurate, complete, reliable, up-to-date, or error-free. If a product you purchase does not match its description, your only option is to return it in unused condition.
OTHER SITES
The Website may include links to third-party websites that are not operated or controlled by the Company. While we make efforts to link only to reputable and safe sites, we are not responsible for the content, accuracy, or changes made to any third-party website. The inclusion of a link does not imply endorsement of that website. If you choose to visit a third-party site through a link on our Website, you do so at your own risk and are subject to that site's terms of use and privacy policies. Accessing any linked site is your responsibility, and the Company is not liable for any damages or losses that may occur from using or relying on content from those sites or from any goods or services offered there.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
All content and functionality on the Website are provided "as is" and "as available." The Company makes no representations or warranties, express or implied, regarding the operation of the Website or the accuracy, reliability, or completeness of the information, content, materials, or products offered. This includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose. The Company, its parent, and affiliates are not responsible for any information on linked websites, any content on the Website, or third-party materials. We do not guarantee that the Website, its servers, or emails sent from it are free of viruses or harmful components. The Company and third-party content providers are not liable for any indirect, incidental, consequential, or punitive damages, or for any loss of revenue or profits, even if we were advised of the possibility of such damages. By using the Website, you agree that you do so at your own risk.
The liability disclaimers mentioned above apply to any damages or harm caused by issues such as performance failures, errors, omissions, interruptions, delays, computer viruses, natural disasters, communication failures, theft, destruction, unauthorized access, alterations, or misuse of records. This applies regardless of whether the cause is breach of contract, negligence, tort, or any other legal claim. You also acknowledge that the Company is not responsible for any defamatory, offensive, illegal, or infringing content or behavior by you or any third party.
These liability limitations will remain in effect even after our agreement with you ends or expires. Some state laws may not permit the limitations on warranties or damages described above. If such laws apply to you, some or all of the disclaimers, exclusions, or warranties may not be applicable, and you may have additional rights. However, in any case, the Company’s total liability to you for all claims, damages, losses, or causes of action will not exceed the amount you paid to the Company for accessing the Website.
The Company does not guarantee that the content on the Website is suitable or accessible for use in all locations. If you choose to access the Website from a particular location, you do so at your own risk and are responsible for ensuring compliance with any relevant local laws.
INDEMNITY
You agree to protect, indemnify, and hold the Company, along with its officers, directors, shareholders, affiliates, employees, and agents, harmless from any claims, actions, or demands. This includes, but is not limited to, reasonable legal and accounting fees, that result from your use of the Website or your violation of these Terms of Use.
ELIGIBILITY; JURISDICTION; APPLICABLE LAW
You affirm and guarantee that: (i) you are at least 18 years old and fully capable of agreeing to these Terms of Use and complying with them; (ii) you are not located in a country subject to a U.S. Government embargo or one that the U.S. Government has designated as supporting terrorism; and (iii) you are not on any U.S. Government list of restricted or prohibited individuals or entities. The Company operates the Website for use within the United States. It does not claim that the Website is available or suitable for use in other countries. If you access or use the Website from another jurisdiction, you do so at your own risk and are responsible for following all local laws.
By using the Website, you agree that the laws of the State of Ohio, without regard to its conflict of laws principles, will govern these Terms of Use and any disputes that may arise between you and the Company in relation to the Website. If a court of competent jurisdiction finds any provision, or part of a provision, in these Terms of Use to be unenforceable, that provision will be enforced to the extent allowed by the court, and the rest of these Terms will remain in effect. If any provision is deemed entirely unenforceable, the remaining terms will still apply. These Terms of Use, along with the Privacy Policy, represent the full and complete agreement between you and the Company regarding your use of the Website.
DISPUTE RESOLUTION
Any dispute related to your use of the Website, the Privacy Policy, or these Terms of Use will first be attempted to be resolved through negotiation between the parties. If a resolution cannot be reached, the dispute may be brought before a federal or state court located in California.
MODIFICATIONS
The Company reserves the right to change, update, add, or remove parts of these Terms of Use at any time, at its sole discretion. We recommend checking this page regularly for any updates. By continuing to visit and use the Website, you agree that your use will be governed by the most current version of these Terms of Use.