Terms and Conditions
Last Updated: January 15, 2025
1. Acceptance of Terms
By accessing and using fivetenshoes.com, you accept and agree to be bound by these Terms and Conditions. These terms apply to all visitors, users, and others who access our website. If you disagree with any part of these terms, you may not access our website.
We reserve the right to update, change, or replace any part of these Terms and Conditions at any time. It is your responsibility to check this page periodically for changes. Your continued use of fivetenshoes.com following the posting of any changes constitutes acceptance of those changes.
2. Website Purpose and Nature
Five Ten operates fivetenshoes.com as an informational website showcasing our high-performance footwear for mountain biking, climbing, and outdoor activities. This website provides information about Five Ten shoes, including our Freerider mountain bike shoes, Hiangle climbing shoes, Guide Tennie approach shoes, and other products in our lineup.
Our website features links to Amazon.com where Five Ten shoes are available for purchase. We participate in the Amazon Associates Program, an affiliate advertising program designed to provide a means for us to connect customers with our products available through Amazon.
3. Affiliate Relationships
Five Ten participates in the Amazon Associates Program. When you click on product links on fivetenshoes.com and make a purchase on Amazon, we may earn an affiliate commission. This commission comes at no additional cost to you.
What This Means for You:
- Product links on our website direct you to Amazon.com
- We earn a commission when qualifying purchases are made through these links
- You pay the same price whether you use our links or go directly to Amazon
- All transactions occur on Amazon’s platform, not on our website
- Amazon handles all payment processing, shipping, and customer service for purchases
4. No Direct Sales
Five Ten does not sell products directly through fivetenshoes.com. We do not process payments, handle shipping, or manage returns through this website. All product purchases occur through Amazon.com.
Our Role:
- We provide information about Five Ten shoes and their features
- We direct you to Amazon where our products are available for purchase
- We do not have control over Amazon’s inventory, pricing, or availability
- We are not responsible for product quality, shipping, returns, or refunds
Amazon’s Role:
- Amazon handles all sales transactions
- Amazon determines product pricing and availability
- Amazon manages shipping and delivery
- Amazon processes returns and refunds according to their policies
- Amazon provides customer service for all purchases
5. Intellectual Property Rights
The content on fivetenshoes.com, including text, graphics, logos, images, and software, is the property of Five Ten and is protected by United States and international copyright, trademark, and other intellectual property laws.
Your License to Use Our Content:
We grant you a limited, non-exclusive, non-transferable license to access and use fivetenshoes.com for personal, non-commercial purposes. This license does not include:
- Modification or copying of website materials
- Use of materials for commercial purposes
- Removal of copyright or proprietary notations
- Transfer of materials to another person or server
- Reproduction, duplication, or exploitation of website content for commercial gain
Five Ten Trademarks:
Five Ten, Stealth, Freerider, Hiangle, Trailcross, Hellcat, Kestrel, Impact, NIAD, Anasazi, Guide Tennie, and other Five Ten product names are trademarks of Five Ten. You may not use these trademarks without our prior written permission.
6. User Conduct
When using fivetenshoes.com, you agree not to:
- Violate any applicable laws or regulations
- Infringe on Five Ten’s intellectual property rights or the rights of others
- Transmit any harmful or malicious code, viruses, or other destructive content
- Attempt to gain unauthorized access to our systems or networks
- Use automated systems (bots, scrapers) to access our website without permission
- Interfere with or disrupt the operation of our website
- Impersonate Five Ten, our employees, or any other person or entity
- Collect or harvest personal information from other users
- Use our website for any fraudulent or unlawful purpose
7. Third-Party Links and Content
Fivetenshoes.com contains links to Amazon.com and potentially other third-party websites. These external sites are not under our control, and we are not responsible for their content, privacy policies, or practices.
The inclusion of any link does not imply endorsement, approval, or control by Five Ten. We are not responsible for:
- The content of third-party websites
- Privacy practices of external sites
- Products or services offered on third-party platforms
- Transactions conducted on external websites
- Accuracy of information on linked websites
When you click on links to Amazon or other external sites, you are subject to their terms of service and privacy policies. We encourage you to review the terms and policies of any third-party website you visit.
8. Product Information and Accuracy
We strive to provide accurate and current information about Five Ten shoes on fivetenshoes.com. However, we do not warrant that product descriptions, images, specifications, pricing, or other content on our website is accurate, complete, reliable, current, or error-free.
Product Information:
- Features and specifications are provided for informational purposes
- Product images may differ from actual items
- Colors displayed may vary based on your monitor settings
- We reserve the right to correct errors or update information at any time
- Always verify product details on Amazon before purchasing
Pricing and Availability:
- Prices displayed are subject to change without notice
- Amazon controls all pricing for products sold through their platform
- Product availability is determined by Amazon
- We do not guarantee that any product will be available at any specific price
9. Disclaimers and Warranties
Fivetenshoes.com and all content on our website are provided “as is” and “as available” without any warranties of any kind, either express or implied.
We Disclaim All Warranties Including:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Title
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation of our website
- Freedom from viruses or other harmful components
Five Ten does not warrant that:
- Our website will meet your requirements
- Our website will be available at all times or without interruption
- Information on our website is complete or accurate
- Defects in our website will be corrected
- Our servers are free of viruses or harmful components
10. Limitation of Liability
To the fullest extent permitted by applicable law, Five Ten shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of fivetenshoes.com
- Your inability to access or use our website
- Any conduct or content of third parties on our website
- Any content obtained from our website
- Unauthorized access, use, or alteration of your transmissions or content
- Products purchased through Amazon using our affiliate links
- Errors or omissions in website content
- Decisions made based on information from our website
Maximum Liability:
In no event shall Five Ten’s total liability to you for all damages, losses, and causes of action exceed the amount you paid to access fivetenshoes.com, if any, or one hundred dollars ($100.00), whichever is less.
11. Indemnification
You agree to defend, indemnify, and hold harmless Five Ten, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of fivetenshoes.com
- Your violation of these Terms and Conditions
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
- Content you submit or transmit through our website
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms and Conditions shall be brought exclusively in the federal or state courts located in California, and you consent to the personal jurisdiction and venue of such courts.
13. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
14. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Five Ten regarding the use of fivetenshoes.com and supersede all prior agreements and understandings, whether written or oral.
15. Waiver
Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Five Ten.
16. Assignment
You may not assign or transfer these Terms and Conditions or your rights and obligations under them without our prior written consent. Five Ten may assign or transfer these Terms and Conditions at any time without restriction.
17. Force Majeure
Five Ten shall not be liable for any failure or delay in performance under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
18. Electronic Communications
When you visit fivetenshoes.com or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Changes to Terms
Five Ten reserves the right to modify these Terms and Conditions at any time. We will notify you of material changes by updating the “Last Updated” date at the top of this page. Your continued use of fivetenshoes.com after any changes constitutes your acceptance of the new Terms and Conditions.
We encourage you to review these Terms and Conditions periodically to stay informed of any updates. If you do not agree to the modified terms, you must stop using our website.
20. Termination
Five Ten reserves the right to terminate or suspend your access to fivetenshoes.com immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use our website will immediately cease. All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Contact Five Ten
Five Ten
2847 Commerce Drive, Suite 150
Boulder, CO 80301
United States
Email: hello@fivetenshoes.com
For questions about these Terms and Conditions, product information, or general inquiries, please contact us using the information above.
