The TaosFootwear.com website (the “Site”) is a service of Shoes West Distribution, Inc. These Conditions of Service, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Conditions”), set forth the terms and conditions under which you may use and access the Site.

BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. BY USING THE SITE, YOU ARE AGREEING TO ALL CONDITIONS CONTAINED HEREIN.

You represent and warrant that you are 18 years of age or older, or are visiting the Site under the supervision of a parent or guardian. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you access the Site.

Copyright

The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Taos. The collective work includes works that are licensed to Taos. Copyright 2021, Taos. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order through the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order through the Site or to purchase Taos products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of TaosFootwear.com is strictly prohibited, unless authorized directly in writing by Taos. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Site.

Trademarks/Intellectual Property

All trademarks, service marks and trade names of Taos used in the Site (including but not limited to the Taos name) are trademarks or registered trademarks of Taos. They may not be used without Taos' prior written permission, which it may withhold in its sole and absolute discretion. Any other intellectual property on the Site, including but not limited to patents, whether issued or pending, are the sole property of Taos and/or its licensors.

Purchases

All purchases placed through the Site are subject to Taos' acceptance, which is in its sole discretion. Without limitation, this means that Taos may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, Taos reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit card has already been charged for a purchase that is subsequently cancelled, Taos shall issue a credit to your credit card account.

Pricing

Taos makes every attempt to properly price all items, but errors occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. Taos reserves the right to cancel orders which include a pricing or discount errors.

Warranty Disclaimer

The Site and the materials on the Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Taos disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Taos does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Taos does not make any warrantees or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Use of Information Submitted

You agree that Taos is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice to you, or any, compensation or acknowledgement for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

Participation Disclaimer / Use Restrictions

Taos does not and cannot review all communications and materials posted to or created by shoppers and customers accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Generated Content on the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities on the Site. You may not post or otherwise distribute content to the Site which Taos in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Taos or another party, illegal, or otherwise objectionable to Taos. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Indemnification

You agree to indemnify, defend, and hold harmless Taos, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing TaosFootwear.com using your Internet account.

Limitation of Liability

Taos shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on the Site or the performance of the products purchased through the Site, even if Taos has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous

Your use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to California Revised Statutes Chapter 72, “Sales”. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of Taos products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to TaosFootwear.com (including but not limited to the purchase of Taos) must be commenced within one (1) year after the claim or cause of action arises. By using the Site, you agree to receive electronic communications from Taos. You agree that any notice, agreement, disclosure or other communication that Taos sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Taos' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct the parties nor trade practice shall act to modify any of these terms and conditions. Taos may assign its rights and duties under this Agreement to any party at any time without notice to you.

Termination and Effect of Termination

These terms and conditions are applicable to you upon your accessing the Site. Taos reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Taos without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination of your access to the Site.

Mobile Terms of Service

Taos

Last updated: Feb. 29, 2024

The Taos mobile message service (the "Service") is operated by TaosFootwear.com (the “Site”) is a service of Shoes West Distribution, Inc (“Taos”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Taos’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Taos through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Taos. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 728-48 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Taos mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 728-48 or email ecommerce@taosfootwear.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.