Sperry Terms of Use

Last Updated: April 22, 2024

The website www.sperry.com (the “Site”) is operated by ALDO U.S. Inc., 905 Hodge Street, Montreal, Quebec, H4N 2B3, Canada, or its affiliates (hereinafter “Sperry,” “we,” “us,” or “our”).

Your use of this Site is subject to these Terms of Use (“Terms”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this Site.

You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction in or through which you access or view the Site or such material. Because this Site can be accessed internationally, you agree to comply with all local laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. Any offer for any product made on this Site is void where prohibited.

1. Site Contents.

All materials on this Site, including, but not limited to, logos, trademarks, graphics, photographs, images, pictures, video files, drawings, texts, sounds, software and other information, as well as their arrangement on the Site (collectively, the “Site Contents”) , are and remain owned by Sperry, our affiliates, licensors, and/or our third party providers, as applicable, and are protected by applicable copyright, moral rights, database rights, trade mark and other laws relating to intellectual property. Except as expressly permitted under these Terms, the Site Contents may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without our express written consent. Access to and use of the Site is solely for your personal noncommercial use and information. No right, title, or interest in any of the Site Contents is transferred to you as a result of any downloading, copying, printing, or use of the Site. All such rights are reserved.

2. Copyright and Trademarks.

SPERRY®, SPERRY TOP-SIDER®, TOP-SIDER® and the SPERRY logo are registered trademarks of SR Holdings Inc. and Sperry Top-Sider, LLC.

All trademarks, service marks, trade dress, slogans, and logos displayed on the Site are the exclusive property of Sperry, our affiliates, licensors, and/or our third-party providers, as applicable, and may not be copied, imitated, or used, in whole or in part, without the applicable trademark holder’s written permission. All rights in the Site Content, including copyright, are and remain owned by Sperry, our affiliates, licensors, and/or our third-party providers, as applicable.

Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that we may enforce our intellectual property rights to the fullest extent of the law. Notwithstanding the foregoing, Sperry authorizes you to make one electronic or paper copy of the information posted on any page of this Site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this Site or its Site Contents; any collection of product listings, descriptions or prices; any other derivative use of this Site or its Site Contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Sperry, our affiliates or our licensors without our express written consent. You may not use any meta tags or any other "hidden text" utilizing any of the SPERRY® name without our express written consent. Any unauthorized use of this Site and/or its Site Contents terminates the permission or license granted by Sperry.

3. Disclaimers and Exclusion of Warranties.

THE SITE AND THE SITE CONTENTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE CONTENTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, AND DO NOT CONSTITUTE ADVICE. SPERRY DOES NOT REPRESENT OR WARRANT AS TO THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE SITE CONTENTS, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, SPERRY DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, NOR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

SPERRY AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

4. Limitation of Liability.

YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. SPERRY, OUR AFFILIATES, LICENSORS AND/OR THIRD-PARTY PROVIDERS, AND ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE ANY SITE CONTENTS, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE. BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

5. Privacy.

Our privacy practices, including how we collect, use, and disclose information from users of this Site, are explained in our Privacy Policy, which also governs your visit to this Site. Your continued use of this Site implies that you acknowledge that you have read our Privacy Policy and that you consent to the data practices stated in our Privacy Policy, as same may be amended from time to time.

6. Terms and Conditions of Sale.

When you purchase products from us using the Site, your purchase is subject to separate policies set forth in this Section. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the Site.

Restrictions. You may only purchase or order products for personal, non-commercial and legal purposes. No other uses are permitted. Product(s) purchased on this Site will not be delivered to an address outside of the United States.

Order. Before submitting an order for the purchase of products using this Site, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the “Submit Order” button), such order will constitute an offer from you to Sperry to purchase the product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Sperry until accepted by Sperry. Sperry’s acceptance of your order is evidenced by return e-mail from Sperry indicating that your order has been accepted.

Cancellation. Sperry reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Sperry will issue a full refund.

Price. All prices quoted are payable in U.S. Dollars. Although Sperry strives to provide accurate product and pricing information, errors may occur. Sperry reserves the right to correct any errors in pricing or product information and to modify the prices of products, at any time, without prior notice. Sperry cannot confirm the price of a Product until after you submit an order for the product. Without limiting the generality of the foregoing, in the event that the price or related information for a product (as described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Sperry may, at its sole discretion, refuse or cancel your order, whether before or after Sperry’s acceptance thereof. If there is such an error in pricing, Sperry will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product at the correct price.

Payment. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

Product availability. The availability of certain products may be limited, and products may not be available for immediate delivery. Sperry may revise or cease to make available any products at any time without prior notice. In the event that SPERRY is unable to deliver you a Product ordered due to lack of availability, Sperry will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product, provided that Sperry may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the product becomes available.

Shipping; Taxes. Sperry will arrange for the shipping of the product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Sperry are estimates only. Unless otherwise stated, all prices quoted do not include shipping and handling charges and, where applicable, federal and state sales taxes. The applicable taxes and shipping charges will be shown separately on the Order Confirmation. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order. Tax charges are calculated on the basis of the shipping and/or delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for the Product. You will not, however, receive a refund for the sales taxes you paid on the shipping and handling of the item, as the shipping and handling charges are non-refundable once an item has been shipped.

Ownership; Risk of Loss. All product(s) purchased from Sperry are delivered to you by a third party delivery company, pursuant to a shipping contract. The risk of loss and title for each item purchased by you, pass to you upon our delivery of the item to the delivery company. Since the actual delivery of your order can be impacted by many events beyond our control once it leaves our facilities, Sperry cannot be held liable for late deliveries. Sperry will, however, work with you to ensure a smooth delivery. For returns, we do not take title to any such product(s) until it arrives at our distribution center. At our discretion, a refund may be issued without requiring a return of the product(s) and, in that event, we do not take title to the refunded product(s).

Returns. All product returns are subject to the Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.

7. Your account.

Accessing certain services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

8. Restrictions for Minors.

This Site is directed for use by adults. Those under the age of 13 should not use this Site. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this Site on your behalf and you should not use the Site on your own or provide any personal information to us. Sperry and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.

9. Product information.

Sperry and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by us. However, we do not warrant that product descriptions or other Site Contents are accurate, complete, reliable, current or error-free. Price and availability information provided on this Site is subject to change without notice. This Site and its Site Contents are not to be construed as an offer to sell any product or service.

10. Links to Other Websites.

Links and references to other websites or other sources of information are provided to you as a convenience only. Sperry has not reviewed and does not expressly or implicitly endorse other third-party websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. These other websites may have their own applicable terms and conditions and/or privacy policies. These other websites may send their own cookies to visitors and otherwise collect personal information. Sperry is not responsible for the content, practices and activities of these other websites. AS SUCH, YOUR ACCESS AND USE OF THESE OTHER WEBSITES IS ENTIRELY AT YOUR OWN RISK.

You may not create links from other websites to this Site nor use the Site to advertise or perform any commercial solicitation, except if expressly permitted by us.

11. Users Contributions and Interactive Features.

Certain areas of the Site may include user comments or reviews, postings, hashtags, chats or other forums, live shopping sessions or other interactive features (“Interactive Features”), that may allow you and other users to submit or post to this Site certain content such as images, photos, photos, images, video, audiovisual materials, text, hashtags, opinions, reviews, comments, questions, feedback, ideas, suggestions, or other content via the Site or otherwise (“Contributions”). Contributions are be deemed non-confidential and non-proprietary. As such, Sperry shall have a non-exclusive, royalty-free, right to use, display, copy, print, publish, distribute and transmit to third parties any Contributions for any purpose, in any medium and throughout the world.
You acknowledge and agree that the Contributions do not reflect the views of Sperry. Sperry takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. To the fullest extent permissible by law, Sperry has no obligation to monitor Contributions posted in any Interactive Area. You are solely responsible for your use of Interactive Features of the Site and for any Contributions that you post. However, Sperry reserves the right to do so from time to time, in its sole discretion, and to block, erase or delete, in whole or in part, any Contribution which we believe is not in accordance with these Terms, which may infringe third party intellectual property rights or other rights, or is otherwise unacceptable to Sperry.
All participants in the Interactive Features are expected to conduct themselves in a courteous, civil and respectful manner in accordance with these Terms and all applicable laws. The following rules apply to Contributions:

Respect and Kindness.

• Do not post defamatory, injurious, abusive, threatening or other unlawful comments;
• Do not make personal attacks on other audience participants; we have a ZERO-tolerance policy for bullying, harassment, hate speech or any form of discriminatory language based on gender, sexual orientation, religion or believes, race, ethnicity, disabilities, physical appearance, age or socioeconomic background;
• Do not speak of other audience participants in an objectifying manner; while compliments are acceptable, sexual objectification or other dehumanizing comments will not be tolerated;
• Do not make unnecessarily rude or hostile comments;

Integrity and Honesty.

• When commenting on products, remain truthful to all other users; be mindful that applicable laws on truth-in advertising and endorsements are also applicable to live streaming events and recorded works of such events;
• Do not post commercial messages, advertisements or other self-promotion messages;
• Do not post messages that contain materials protected by intellectual property laws, unless you own the rights thereto or have obtained all necessary consents or licenses;
• Do not falsely impersonate someone else.

Common Sense.

• Do not use slur, obscene, vulgar, shocking or profanity language;
• Do not engage in spamming or persistent and disruptive off-topic comments.

By posting in an Interactive Feature, you, as an active audience participant, understand that the sessions may be recorded and that any of your Contributions may be included in the recorded works. Any content posted in a publicly viewable forum, including through the chat messaging channel, may be publicly available on our websites and other platforms and as such, be viewable by third parties. Other users or third parties may see the content that you publish and other information you voluntarily publicly disclose. They may in turn use such information without restriction. Sperry is unable to control the uses of any information that you post in an Interactive Feature. You therefore acknowledge that such feature is for the public and not a private communication channel and that you have no expectation of privacy in respect of any postings in such channel. YOU MAKE ANY DISCLOSURE IN SUCH INTERACTIVE FEATURE OF AT YOUR OWN RISK.

You further represent and warrant that you own the copyright on any Contribution made by you, or that you received permission from the copyright owner to provide such Contribution.

YOU AGREE TO INDEMNIFY AND KEEP SPERRY, OUR AFFILIATES, LICENSORS AND/OR THIRD-PARTY PROVIDERS HARMLESS AGAINST ALL COSTS, EXPENSES, DAMAGES, LOSSES AND LIABILITIES INCURRED OR SUFFERED BY ANY OF THEM RELATED TO ANY CONTRIBUTION OR YOUR USE OF THE INTERACTIVE FEATURES.

12. Electronic communications.

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.

13. Text Messages.

If you opt-in to receiving marketing and support text messages (SMS; MMS) from us, you consent to receiving recurring text messages such as promotional offers, product recommendations and other similar solicitations to the telephone number you provided us. These text messages may be sent using an automatic telephone dialing system and the frequency may vary. This service is optional, and your consent to receive text messages is not a condition of any purchase via this Site or otherwise. You can opt out of receiving text messages at any time. Not all telephone or mobile devices may be supported. Further, text messages may not be deliverable in all areas. Sperry and its third-party service providers are not liable for delayed or undelivered text messages. Text messaging is provided on an “as is” basis. Message and data rates may apply.

14. Governing law.

This Site is controlled and operated by Sperry from Montreal, Quebec, Canada and these Terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15. Dispute resolution; injunctive relief.

It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. THIS SECTION SHALL NOT APPLY TO DISPUTES THAT ARE NOT ARBITRABLE BY LAW OR WHERE SUCH ARBITRATION CLAUSE IS PROHIBITED UNDER APPLICABLE LAW.

Binding Arbitration. Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present Terms, this Site, any use of this Site and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the resolved through binding arbitration pursuant to the American Arbitration Association (“AAA”) in accordance with AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer). This section shall also be construed as a written agreement to arbitrate a dispute of any kind between you and Wolverine that may arise through the use of this Site. You agree with us that this section satisfies the writing requirement of the Federal Arbitration Act.

However, before you submit a Claim for arbitration, you must first contact our customer service representatives, and give us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Sperry is notified by the other of a dispute, then either party may then initiate the arbitration process.

For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these Terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these Terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND SPERRY BOTH WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.

Injunctive Relief and Provisional Relief. Notwithstanding the provisions in this Section, we shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

16. Changes to Terms.

We may modify, alter or otherwise update the terms applicable to this Site from time to time. We will notify you of any such modifications to this Site by posting notice of such changes on this website. Following the posting of such changes, your continued use of this Site will constitute your acceptance of these Terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

17. No waiver.

Our failure to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive our right to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

18. Entire Agreement.

These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Sperry with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Sperry making such amendments or modifications available to it pursuant to the terms hereof. The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

19. Termination.

Sperry reserves the right, at its sole discretion, to terminate your access to all or any part of this Site, with or without notice.

20. Contact Us.

If you have any questions or comments about the Site or these Terms or in the event that you wish to make a complaint or report regarding the Site (or its Site Contents), please contact us:

By Phone:
1-800-247-6575

By Email:
sperryweb@sperry.com

By Mail:
Sperry Customer Care
The Aldo Group Inc. (c/o Aldo U.S. Inc.)
905 Hodge Street
Montréal, Québec, H4N 2B3