PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR OTHER ONLINE OR MOBILE SERVICES OR 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.

These Terms of Use (“Terms”) are a binding legal agreement between you and Brooks Sports, Inc. and its subsidiaries (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.

1. Privacy Policy

Please refer to our Privacy Policy for information about how Brooks collects, uses and discloses the personal 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 (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.

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.

b. 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,