Terms of service
Last updated: 07/25/2026
OVERVIEW
Welcome to Briven Footwear. The terms "we", "us" and "our" refer to Briven Footwear, a trading name of DC Stratum Holdings LLC, a limited liability company registered in the State of New Mexico, United States. We operate this store and website, including all related information, content, features, tools, products and services (the "Services"). Briven Footwear is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and a binding arbitration agreement and class action waiver in Section 22.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service, our Privacy Policy, and our Return & Refund Policy. If you do not agree, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, colors, materials, finish and product appearance may differ from how they appear on your screen due to the type of device you use, your display settings, and lighting in product photography. Product images are illustrative.
Sizing charts are provided as a general guide only. Footwear sizing varies between manufacturers, styles and materials, and we do not warrant that any item will fit you. Selecting an incorrect size is not a product defect and is handled under our Return & Refund Policy.
We do not warrant that the appearance, fit or quality of any product purchased by you will meet your expectations or be identical to the images shown in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion, including suspected fraud, pricing errors, or unusual order patterns. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting. Cancellation and modification requests, including changes to the shipping address, are governed by our Return & Refund Policy and cannot be accommodated once an order has been released for fulfillment.
In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties or import charges. Any customs duties or import taxes assessed on delivery are your responsibility.
We may offer promotions from time to time that are governed by terms separate from these Terms. If there is a conflict, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times shown on the Services are estimates only and are not guaranteed. We are not liable for shipping or delivery delays, including delays caused by shipping carriers, customs processing, weather, public holidays, or other events outside our control.
You are responsible for providing a complete and accurate delivery address. We are not liable for orders delayed, lost or returned as a result of an incorrect or incomplete address, refused delivery, or failure to collect a package.
Once we transfer products to the carrier, title and risk of loss pass to you. Claims regarding packages marked as delivered are handled under our Return & Refund Policy.
SECTION 6 - CHARGEBACKS AND PAYMENT DISPUTES
If you have any issue with an order, you agree to contact us first and to allow us a reasonable opportunity to resolve it under our Return & Refund Policy [LINK] before initiating a chargeback or payment dispute with your bank or card issuer.
Initiating a chargeback in respect of an order that has been delivered as described, or that is eligible for resolution under our Return & Refund Policy, is a breach of these Terms. In such cases we reserve the right to submit evidence to your card issuer, to refuse future orders, to close your account, and to recover from you any resulting fees, costs, and reasonable expenses to the extent permitted by law.
Nothing in this section limits any right you have under applicable law or your card issuer's rules.
SECTION 7 - COMMUNICATIONS AND MARKETING
By providing your email address or phone number, you consent to receive transactional messages relating to your order, including order confirmations, shipping notifications, and customer service communications.
If you separately opt in to marketing communications, you consent to receive promotional emails and, where you have expressly agreed, promotional text messages. Message and data rates may apply. You may unsubscribe from marketing emails at any time using the link in any marketing message, or from text messages by replying STOP. Opting out of marketing does not affect transactional messages relating to your orders.
SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by us, our affiliates or our licensors and are protected by U.S. and foreign copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants a license or other rights to you under any patent, trademark, copyright, or other intellectual property of ours, of Shopify, or of any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved.
Our names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors, and must not be used without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
If you believe any content on the Services infringes your intellectual property rights, contact us at support@trybriven.com with details of the work concerned, the location of the allegedly infringing material, and your contact information. We will review and remove infringing material where appropriate.
SECTION 9 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party's policies and practices carefully before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
Briven Footwear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Briven Footwear. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Briven Footwear, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Briven Footwear.
SECTION 12 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy [LINK] for more details.
SECTION 13 - FEEDBACK AND USER CONTENT
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, images, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use and marketing.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
You agree that your Feedback will not violate any right of any third party, and will not contain libelous, unlawful, abusive or obscene material, or any virus or malware. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. If we cancel an order for this reason after payment, we will issue a full refund.
SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our staff or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including junk mail, chain letters, or spam; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tool, automatic device or process, AI tool (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account and to refuse service at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 16 - AGENTS
16.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
16.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 16.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
16.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
16.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 17 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Chargebacks and Payment Disputes, Feedback and User Content, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 18 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.
EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 19 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL Briven FOOTWEAR, DC STRATUM HOLDINGS LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Briven Footwear, DC Stratum Holdings LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims.
SECTION 21 - INFORMAL DISPUTE RESOLUTION
Before filing a claim, you agree to try to resolve the dispute informally by sending a written notice to support@trybriven.com describing the dispute, the relief you are seeking, and your contact information. We agree to do the same. If the dispute is not resolved within 45 days of the notice being received, either party may proceed under Section 22.
This informal resolution process is a condition precedent to commencing arbitration. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this process.
SECTION 22 - BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
22.1 Agreement to arbitrate. Except as set out below, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, or any product purchased through the Services shall be resolved by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.
22.2 Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive relief in court for infringement or misuse of intellectual property rights.
22.3 Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court and all other claims remain in arbitration.
22.4 Location and procedure. Arbitration will be conducted in the English language. Unless the parties agree otherwise, arbitration will take place by documents submitted, by telephone, or by videoconference, or in the county of your residence if an in-person hearing is required.
22.5 Your right to opt out. You may opt out of this arbitration agreement by sending written notice to support@trybriven.com within 30 days of your first purchase, stating your name, order number, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.
22.6 Jury trial waiver. If for any reason a claim proceeds in court rather than in arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
22.7 Time limit. Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after such claim arose, to the extent permitted by applicable law; otherwise it is permanently barred.
SECTION 23 - GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions. Subject to Section 22, you and we consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Bernalillo County, New Mexico.
Nothing in this section deprives you of the protection of any mandatory consumer protection law of the jurisdiction in which you reside.
SECTION 24 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 25 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 27 - FORCE MAJEURE
We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, carrier failures, supplier failures, utility or telecommunications outages, or failures of payment processors or hosting providers.
SECTION 28 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 29 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 30 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at support@trybriven.com.
Briven Footwear A trading name of DC Stratum Holdings LLC 1209 Mountain Road Ste N support@trybriven.com New Mexico