Terms of Use
Thank you for visiting buckle.com! The Buckle, Inc. ("Buckle") provides this website as a service to its guests (our "Services"). Please review the following rules, which apply to all visitors, or users of our website and/or mobile applications, to govern your use of our Services. Your use of our Services constitutes your agreement to follow and be bound by these Terms of Use. Since Buckle may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please Contact Us.
USE OF THE SERVICES
The website is owned and operated by The Buckle, Inc., located at 2407 W. 24th Street, Kearney, NE 68845. Buckle's website, applications and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, graphics, photographs, designs, video, audio, and written and other materials that appear as part of this website (collectively, "Content") are owned, controlled or licensed by or to Buckle, and are protected by U.S. copyright, patent, trade dress, trademark, and other laws, as well as international laws and treaties. No right, title or interest in the Content is conveyed to you. In using our Services, Content is provided to you under a limited license and may be used for personal, non-commercial, and informational purposes only. The limited license granted to you is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Services or any of the Content without Buckle's express written permission; (b) you may not systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; and (c) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized use of the Content is strictly prohibited.
These Services are not intended for use by individuals who are under thirteen (13) years of age. By using the Services, you represent and warrant that either: 1) you are at least eighteen years of age; or (2) if you are under eighteen (18) years of age, you are using the Services with the knowledge and consent of your parent or legal guardian.
TRADEMARKS
Buckle's trademarks are an important asset of Buckle, and as such, Buckle will not tolerate any unauthorized use of its trademarks and trade dress, including use in page content, hidden text, metatag keywords or in search engine tags or links. Buckle will enforce its intellectual property rights to the fullest extent of the law.
PROHIBITED USES
You shall not post, transmit, redistribute, upload, or promote any communications, User Generated Content or materials that contain (a) corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain any unsolicited advertising, promotional materials or other forms of solicitation to other users; (d) impersonate any person, business or entity; encourage conduct that would constitute a criminal offense; (e) give rise to civil liability; or (f) otherwise violates any law or amounts to any conduct that, in the judgment of Buckle, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services. If Buckle determines, in its sole discretion that you've failed to comply with any of our policies or terms and conditions, Buckle may deny you access to its Services.
MERCHANDISE AVAILABILITY
Inventory Online: We add new merchandise to buckle.com daily. In order to offer a wide variety of new styles and brands, we are not able to guarantee inventory if you leave the website without purchasing your selection. While shopping, you will notice that only the available sizes and colors will display. However, putting the merchandise into your shopping bag does not guarantee inventory. The merchandise will be reserved to you only after you check out. If an item is not available after you have placed an order, you will be notified via email.
Inventory Online vs. In-Store: Currently we offer most of our store merchandise on buckle.com. Occasionally, we offer styles and sizes on buckle.com that are not available in Buckle stores. In other cases, due to vendor policies, we are unable to offer select brands online that you may find in our retail locations.
Hard-to-Find Merchandise: If the product that you are searching for is not listed on buckle.com, it is possible that it has not yet arrived or has already sold out. Not all items are restocked when they sell out. If the item(s) you're searching for is not available online, please contact Guest Services to find out if it is available for special order through a Buckle store near you. Contact Guest Services at guest.services@buckle.com or call 800.607.9788.
Backorders: Although we intend to only show available product online, occasionally popular styles may become out of stock due to high demand. This may result in cancelled items on your order. If a backorder occurs on your buckle.com order and a second shipment is required, you will not be charged for ground shipping on your second order.
PRICING
All prices on buckle.com are listed in U.S. dollars. Prices are consistent with the retail prices within Buckle store locations. Despite our best efforts, items on buckle.com may be priced incorrectly. However, we verify prices as part of our shipping process. In the unlikely case that an item is mispriced, Buckle will honor the price as advertised in Buckle retail stores. Please note that your order confirmation email does not mean that your order has been shipped, or that the price of an item has been confirmed. The order confirmation email reports estimated tax.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
USER GENERATED CONTENT
The Services may permit you to voluntarily submit comments, text, photographs, videos or other material ("User-Generated Content"). User-Generated Content submissions may be accessed and viewed by others, including by the general public, and Buckle does not agree to any confidentiality with respect to any User-Generated Content. By submitting User-Generated Content, you grant to Buckle an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, distribute, exhibit, broadcast or otherwise exploit such content in whole or in part, in any form, media or technology for any purpose including, advertising, promotion, entertainment or commercial purpose without any payment to or further authorization from you. Buckle may require your affirmative consent to use your User-Generated Content, such as replying to our Instagram post with #agree. You affirm, represent, and warrant to Buckle that: (i) your User-Generated Content is original; (ii) you own all right, title and interest and have the sole and exclusive right to license all of the rights therein to Buckle; (iii) use of your User-Generated Content on the Services or otherwise by Buckle, in whole or in part, will not infringe upon the rights of any third party, including without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted in your User-Generated Content.
Please email us at Social.Media@Buckle.com if you have any questions.
EMAIL UPDATES
When you sign up for an online account you can also subscribe to receive email updates regarding the latest styles, promotions, and specials from buckle.com. You will find an "unsubscribe" text link at the bottom of every promotional or marketing email sent to you. Please click this link to be removed from our email database. If you do not have a Buckle email with an unsubscribe link available and would like to be removed from our list, please send your request to opt-out@buckle.com. We will follow up with confirmation that your email address has been removed.
By subscribing to email or text updates, you represent and warrant that you are over the age of 13, and, if you are under the age of 18, you have received permission from your parent or legal guardian to subscribe.
PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE
Your submission of personal information through the website is governed by our Privacy Policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of buckle.com (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
MARKETING AND TEXT MESSAGES
If you elect to receive marketing and support text messages from us, either through buckle.com or by sending a text message indicating your consent, you are acknowledging and signing your prior express written consent to receive recurring marketing or promotional and support text messages from Buckle (each, a "Text Message") sent through an automatic telephone dialing system. This consent includes your authorization for us to obtain certain data from you, which may include your cell phone number, your mobile carrier's name, and the date, time and content of your text messages sent to Buckle. This information may be used in accordance with our Privacy Policy to contact you and provide the services you requested from us. For more information on how we use your information, please read our Privacy Policy. Text Messages may include cart abandon messages. Message frequency varies. By enrolling and consenting to receive Text Messages, you are consenting and acknowledge that any data obtained from you in connection with Text Messages may include your cell phone number, your provider's name, the date, time and content of your text messages. Your mobile provider's message and data rates may apply to Text Message correspondence in accordance with your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will Buckle, nor our affiliates or service providers, be responsible for any text messaging or wireless charges incurred by you or any person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the Text Messages. Neither Buckle nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "AS IS" basis. Buckle's text messaging service is optional, and your consent is not a condition for purchase in store or on buckle.com. You may opt out of receiving any further Text Messages at any time by replying "STOP" to any Text Messages you receive from Buckle. If you are in need of any help, reply "HELP" to any Text Messages you receive from us, or email textsupport@wunderkind.co.
DISCLAIMER; LIMITATION OF LIABILITY
The Services and all information, content, materials, and products thereof, are provided to you on an "as is" and "as available" basis, unless otherwise specified in writing. Buckle disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Given the unpredictability of technology and the online environment, Buckle does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to the website and user of the Services, you assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website, and you agree that access is undertaken solely at your own risk. Buckle shall not be liable for damages of any kind related to your use of or inability to access this website. In no event will Buckle, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, that result from your use or inability to use the Services, any websites or applications linked to the Services, any content of the Services, any services or items obtained or purchased through the Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Buckle, including its partners, subsidiaries, and affiliates, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities, claims, expenses, damages and costs, including reasonable attorneys' fees, resulting from your activity related to the Services and any violation of these Terms of Use (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
ARBITRATION AND CLASS ACTION WAIVER
Except where prohibited by law, as to any dispute with Buckle regarding these Terms of Use you agree (i) to waive the right to trial by jury and the ability to participate in a class action related to any dispute with Buckle; (ii) to resolve the dispute through negotiation with Buckle, and if agreement cannot be reached through negotiation, resolution will be sought on an individual basis only through binding arbitration in the State of Nebraska as conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties; and (iii) that the laws of Nebraska will govern the substantive resolution of the dispute without regard to its conflicts of laws provisions. No arbitration under these Terms of Use will be combined with any other arbitration.
SEVERABILITY
You agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of these Terms of Use shall remain in full force and effect.
GOVERNING LAW & JURISDICTION
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Nebraska, without regard for its principles of conflicts of laws, and shall be binding upon you in the United States and worldwide. The federal and state courts located within Nebraska will have exclusive jurisdiction to adjudicate any dispute arising out of these Terms of Use that cannot be resolved through arbitration.
CORRESPONDENCE
Although we will make every effort to respond quickly to applicable email messages, buckle.com is under no obligation to respond to all pieces of correspondence received through this website, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding buckle.com, our merchandise and services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Buckle through buckle.com shall become and remain the property of Buckle. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Effective Date: June 21, 2023