Terms and Conditions

Machines used for manufacturing shoes and boots at the Cougar factory, circa 1950

1. Terms of Use

Welcome to the website of Cougar Shoes Inc. (“Cougar Shoes”) Any party using or accessing www.cougarshoes.com, www.cougarshoes.ca, and/or and any associated webpages, including webpages of subsidiaries or corporate affiliates (collectively, the “Website”) shall be referred to as “you”. The Website and its related services are offered to you subject to the conditions contained herein. By accessing and/or using the Website, you accept these conditions (“Terms of Use”). Please read the Terms of Use carefully. If you visit or use this Website or its related services, then you agree to be bound by these Terms of Use, as well as any related policies, conditions, and guidelines. You may not use this Website if you do not accept and agree with all of the Terms of Use and should discontinue use of the Website immediately.



2. Privacy

Our privacy policy and any other terms and conditions that may appear on the Website from time to time should also be reviewed, as it also governs your use of the Website.



3. General

The right to use the Website is personal to the subscriber and is not transferable to any other person or entity. Cougar Shoes shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. In the event of your violation of any of these Terms of Use, or any applicable laws, regulations, or other authority, Cougar Shoes reserves the right to seek all remedies available by law and in equity against you. Cougar Shoes reserves the right to block or deny access to the Website to anyone at any time for any reason.



4. Changed Terms

Cougar Shoes in its sole discretion shall have the right, at any time without notice, to change, delete, update, or otherwise modify these Terms of Use, or any part thereof, or to impose new or different Terms of Use and conditions, including but not limited to adding fees and charges for use. Such modifications shall be effective upon posting on the Website, or any other means of communications chosen by Cougar Shoes. Any use of the Website by you after such notice shall mean that you accept such modifications. If you do not accept and agree to all changes or revisions to these Terms of Use, you may not use the Website and should discontinue use of the Website immediately.



5. Monitoring

Cougar Shoes shall have the right, but not the obligation, to monitor the content of the Website to determine compliance with these Terms of Use and any operating rules established by Cougar Shoes and to satisfy any applicable law, regulation, or other authority. Cougar Shoes shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website. Without limiting the foregoing, Cougar Shoes shall have the right but not the obligation to remove any material that Cougar Shoes, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. The decision by Cougar Shoes to monitor and/or modify the content of the Website does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Cougar Shoes in connection with or arising from use by anyone of the Website or participation in any features of the Website.



6. Electronic Communications and Email

You consent to communicating with us by way of email or the Website. We will communicate with you by posting on the Website or by sending you email. You agree that communication to you by way of email or by posting on the Website in respect of any agreements, disclosures, notices, and related communications, satisfies any requirement at law that such communications be in writing.



7. Intellectual Property

All intellectual property rights in the content of this Website, whether registered or unregistered, including but not limited to trademarks, copyrights, names, logos, are reserved. Cougar Shoes, its affiliates, and/or its content suppliers own all the Website content, such as, text, graphics, software, video and audio clips, interfaces, layouts, data, downloads and all such content is protected by Canadian and international law. Without the express, prior written consent of Cougar Shoes and the copyright owner, no copying, re-distribution, re-transmission, publication or commercial use or exploitation of any content on and from the Website will be permitted.

Each of COUGAR®, the slogan FOR THE WORLD YOU WALK ON. LOVE WHAT YOU WEAR.™, and the COUGAR SINCE 1948 logo on the Website are trademarks or registered trademarks of Coug & Company Inc. used under license by Cougar Shoes. Each of the following are registered trademarks of Coug & Company Inc., used under license by Cougar Shoes: COUGAR®, the slogans FOR THE WORLD YOU WALK ON. LOVE WHAT YOU WEAR.™, FOR THE WORLD YOU WALK ON. LOVE WHAT YOU WEAR®, and the COUGAR SINCE 1948® logo. All rights to these trademarks are reserved. All other trademarks not owned by Cougar Shoes or Coug & Company Inc. appearing on the Website are the property of their respective owners whose rights therein are reserved.

Use of Cougar Shoes intellectual property in metatags or keywords may constitute infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may be considered unfair competition. Linking to any Website page is prohibited absent express written permission from Cougar Shoes. Framing, inline linking or other association of the Website or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the Website is expressly prohibited.



8. License and Website Access

This Website is intended solely for personal use, and any use of this Website by you other than for personal purposes is prohibited. Cougar Shoes grants you a limited licence to access and make personal use of the Website, and you may not download (other than page caching) or modify it, or any portion of it, except with the express prior written consent of Cougar Shoes. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise used or exploited for any purpose without the express prior written consent of Cougar Shoes, except that you may print off a page of the Website for your personal and non-commercial use to gather information about your purchase or potential purchase of Cougar Shoes’ products. Any unauthorized use terminates the permission or licence for you to use the Website granted by Cougar Shoes. This license does not include the commercial use of or resale of any product or service from or through this Website or its contents or any collection or use of product listings, descriptions, or prices, or derivative use of any Website text, graphics or other content. Any rights not expressly granted to you in these Terms of Use are reserved and retained by Cougar Shoes. You agree that you shall not engage or participate in any activities on this Website which are contrary to applicable laws or regulations. You may not use this Site for any purpose that is unlawful or prohibited by these Terms of Use.



9. Your Registration

If you use the Website, you are responsible for maintaining the confidentiality of your account user name, log-in, and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account user name, log-in, and password. In order to use all the services the Website offers, you will need to create an account which involves the submission of certain information about you. You covenant and warrant that all the information you submit to us via the Website is correct, current, and complete. Cougar Shoes may reject your application for an account in its sole discretion, and may suspend or terminate your account for any reason or no reason. You may not use a false email address, impersonate any person or entity, or otherwise mislead.

If you are under 18, you may use the Website only with involvement of a parent or guardian. If you use the Website or any of its functions, we will assume you represent and covenant to us that you are at least 18 years of age and that you have the legal capacity to accept these Terms Of Use. Cougar Shoes and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. For purchases through the Website, you require a valid credit card or the ability to pay by any other means Cougar Shoes may permit from time to time.

Any user names, log-ins and passwords used for this Website are for individual use only. Cougar Shoes shall be entitled to monitor your username, log-in and password. Cougar Shoes is entitled to terminate or suspend your account, username, password, and your use of the Website at any time in its sole discretion, and may change or require you to change your username or password for any reason in its sole discretion. If you access or log-in through a third party social media service you hereby grant us permission to access and use the information posted or stored on such social media service.



10. Security

You are prohibited from using any services or facilities provided in connection with this Website or any other tools to compromise security or tamper with system resources and/or accounts on this Website. The use or attempted use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved or are suspected in involvement in any violation of system security, Cougar Shoes reserves the right to release details regarding you to law enforcement agencies and to system administrators at other sites in order to assist them in resolving security incidents.



11. Products for Sale

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that any product description or other content on the Website is accurate, complete, reliable, current, or error-free, although we attempt to be as accurate, current, and error free as possible.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at Cougar Shoes’s sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Products on our Website may be mispriced despite our efforts to ensure the accuracy of all prices. If you purchase a product from us that is mispriced, we will prior to shipping of the product at our discretion either contact you for instructions or cancel your order.

Once we have delivered the products you purchased from Cougar Shoes to our carrier, the risk of loss and title passes to you.



12. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors. The products offered for sale on the Website may only be purchased for use by end user consumers. You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.



13. Reviews, Comments, Submissions, Communications, and Other Content

Any conduct by you that restricts or inhibits any other person from using or enjoying the Website will not be permitted. You shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with the Website. Cougar Shoes reserves the right to remove or edit messages or material submitted by you.

You shall not upload, post or otherwise make available on the Website:
(i) any material protected by copyright, trade mark or other proprietary right without the express written permission of the owner of the copyright, trade mark or other proprietary right. The burden of determining that any material is either protected or not protected by copyright, trademark or other proprietary right rests with you; or
(ii) any material that is illegal, obscene, threatening, defamatory, invasive of privacy, confidential, or otherwise injurious to third parties or objectionable; or
(iii) any material that consists of or contains software viruses, “worms”, spyware, ransomware, malware, or other destructive software programs, political campaigning, commercial or charitable solicitation, chain letters, any form of “spam”, mass mailings, or unsolicited commercial electronic messages.

You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, defamation, invasion of privacy or any other injury, damage or harm resulting from such a submission. By submitting material to any area of the Website, you automatically grant, or warrant that the owner of such material has expressly granted Cougar Shoes the royalty-free, perpetual, irrevocable, fully-sublicensable, non-exclusive right and licence to use, produce, reproduce, modify, adapt, publish, create derivate works from, translate, display, communicate to the public through any media, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may subsist in such material, without cost. You also permit any other Website user to access, view, store or reproduce the material for that user’s personal use. You grant Cougar Shoes and its sublicensees the right to use the name, picture and/or other examples of your personality that you use or submit in connection with such content. You represent and warrant that you own or otherwise control all the rights to the content that you post, that the content is accurate, that use of such content does not violate the Terms of Use and will not violate any rights of or cause injury or damage to any person or entity, and that you will indemnify Cougar Shoes for all costs, claims , injuries and/or damages resulting from content you supply. You grant Cougar Shoes the right to edit, copy, publish and distribute any material made available on the Website by you.

From time to time, areas on this Website may expressly request submissions of pictures, stories, or other potential content from you (”Invited Submissions”'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Website to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply to any Invited Submissions you make. In any event, any material you send to us will not be treated as confidential.

Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and these Terms of Use and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not access, collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Cougar Shoes) or privately transmitted on or through this Website are the sole responsibility of the sender, not Cougar Shoes, and that you are responsible for and must indemnify Cougar Shoes for any cost, claim, injury or damage arising from any material you upload, post or otherwise transmit to or through this Website.



14. Hyperlinks and Third-Party Sites

We may from time to time have links on the Website to external third party websites. We do not own or control the external third party websites. We take no responsibility for the accuracy, currency, operation or content of the external third party websites. Furthermore, we do not endorse, promote, or support any external third party website or their content. If you follow a link to an external third party website, you do so at your own risk and you are responsible to protect yourself against any viruses, worms, spyware, malware, ransomware or other destructive software programs. We do not take any responsibility, and shall have no liability, for the legality, copyright compliance, content or morality of any external third party website. This paragraph overrides any statement we may make next to or in respect of any external third party website on the Website.



15. Copyright Complaints

Cougar Shoes and its affiliates respect the intellectual property of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please contact us at info@cougarshoes.com.



16. Product Descriptions

Cougar Shoes and its affiliates attempt to be as accurate as possible. However, Cougar Shoes does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free.



17. Fees and Payments

Cougar Shoes reserves the right at any time to charge fees for access to portions of the Website or the Website as a whole. If at any time Cougar Shoes requires a fee for access to portions of the Website that are now free, Cougar Shoes will give subscribers advance notice of such fees and the opportunity to cancel any existing account before such charges are imposed. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Website by Cougar Shoes or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes and/or surcharges relating to use of the Website through your account. Your right to use the Website is subject to any limits established by Cougar Shoes in its sole discretion.



18. Your Conduct

(1) On the Website you shall not:

(a) engage in behaviour that violates, inhibits, or infringes in any way on the rights of others, including any statements which may defame, abuse, harass or threaten others;
(b) make any bigoted, hateful or racially offensive statements;
(c) advocate illegal activity or discuss illegal activities with the intent to commit them;
(d) post or distribute any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offence or give rise to a civil liability;
(e) post or distribute any vulgar, obscene, discourteous or indecent language or images;
(f) post or transmit, without Cougar Shoes’ express prior approval, material which contains advertising or any solicitation with respect to products, services, or causes;
(g) post, transmit or distribute any software or other materials which contain a virus or other harmful component; or
(h) post or transmit material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
(i) attempt to modify or "hack" the Website
(j) access any area on the Website which you are not explicitly authorized to access;
(k) impersonate any person or entity
(l) collect or harvest personal information about other users of the Website;
(m) jeopardize the operation of computer systems owned by Cougar Shoes or any of its affiliates or the reputation of Cougar Shoes or any of its affiliates.

(2) No conduct which restricts or inhibits any other person from using or enjoying the Website will be permitted. You shall not use the Website to advertise or perform any commercial , political or charitable solicitation. Cougar Shoes reserves the right to remove or edit messages or material submitted by you. Cougar Shoes is not responsible for material submitted to the Website or posted in chat rooms, on bulletin boards or on other forums by users of the Website.



19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(1) THE WEBSITE AND ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE ARE PROVIDED BY COUGAR SHOES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COUGAR SHOES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR PRODUCTS PURCHASED THROUGH, THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND PURCHASE OF PRODUCTS VIA THE WEBSITE IS AT YOUR SOLE RISK.

(2) TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, COUGAR SHOES DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF USE AND THE PRODUCTS AND SERVICES ONE MAY PURCHASE VIA THE WEBSITE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COUGAR SHOES DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM COUGAR SHOES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COUGAR SHOES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OF PRODUCTS OR SERVICES VIA THE WEBSITE OR THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

(3) TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, COUGAR SHOES DOES NOT WARRANT ANY PRODUCTS OR SERVICES UNDER THESE TERMS OF USE OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE.

(4) COUGAR SHOES RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE.

(5) SOME STATES AND PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE, IF INCONSISTENT WITH THE LAW OF ANY STATE OR PROVINCE, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

(6) IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.



20. Indemnification

You agree to defend, indemnify, and hold harmless Cougar Shoes, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to legal fees, arising out of the use of the Website by you or the use of your account by you or any other person using your account. Cougar Shoes reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, you shall provide Cougar Shoes with such co-operation as is reasonably requested by Cougar Shoes.



21. Applicable Law

By visiting the Website, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Cougar Shoes or its affiliates. The Parties have required that these Terms of Use and covenants and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.



22. Disputes

Any dispute arising out of or relating in any way to your use or visit to the Website shall be submitted to confidential arbitration in Hamilton, Ontario, Canada; provided that to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Cougar Shoes or its affiliates, or otherwise compromised or tampered with the security of the Website, Cougar Shoes or its affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario, and/or the province or state where jurisdiction may be obtained over you and you consent and attorn to the exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Ontario Arbitration Act. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.



23. Severability

If any of the conditions set forth in the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms of Use. Any provision held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. This is the entire agreement between the parties relating to the matters contained herein.



24. Our Address

2 Masonry Court
Burlington, Ontario
L7T 4A8



25. Number and Gender

Words importing the singular include the plural and vice versa; and words importing gender include all genders.



26. Return Policy

At Cougar Shoes Inc. (“Cougar Shoes”), customer satisfaction is very important.

If you are not satisfied with your purchase Cougar Shoes, at its option, shall either refund your purchase price, issue store credit for the purchase price of your item(s), or issue a replacement product upon the return of your purchase.*

*RESTRICTIONS/EXCLUSIONS:

  • Products must be new, unworn, and in sellable condition, as determined in the discretion of Cougar Shoes
  • The original tags, shoebox, and packaging materials must be included with your return
  • Products must be received by Cougar Shoes within thirty (30) days of the original purchase
  • Returned products must be accompanied by a receipt
  • Custom, made-to-order, or personalized products are non-refundable and non-returnable
  • Domestic and/or international shipping costs, including but not limited to additional expediting charges, are non-refundable
  • Products purchased with discount/reward certificates, rebate codes, or other offers may result in an adjusted refund amount
  • Customs, duties, and sales tax may be non-refundable
  • Items marked final sale are non-refundable and non-returnable

Refund

Upon the receipt of your return, Cougar Shoes will process your request promptly, and apply a credit to the credit card or other payment method used to purchase the returned product(s). Please note that if the returned product was received as a gift a refund will be credited only to the credit card or other payment method used for the original purchase.

Return and Refund Procedure

Online orders may be returned via courier sent under standard delivery time. Products purchased in a retail store can be returned in-store only.

For additional information, please contact Cougar Shoes at:

Cougar Shoes Inc.
2 Masonry Court
Burlington, Ontario
L7T 4A8, Canada

Phone: 905 639 0100
Fax: 905 639 0090
Toll Free: 1 888 COUGAR1
Email: info@cougarshoes.com