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What are the Terms and Conditions?

Welcome to Footworld ("Website"). In addition to the Content on the Website, the Website provides you with various shopping and e-commerce. Please read these Terms and Conditions of Use ("Terms") carefully before using our Website and the Services. If you choose to continue to use or access this Website after having the opportunity to read these Terms, you recognize that Footworld has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to the Terms here. If you do not agree to these Terms, please do not use the Website and exit immediately.

We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Website, you agree to such terms and conditions, as well as these Terms and our Privacy Policy (available here) (collectively, the "Agreement").

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.


1. COPYRIGHT AND OWNERSHIP

All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Footworld, its licensors, vendors, agents, and/or it's content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print, and download documents, audio, and video found on our Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms, the use of any such material on any other Website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services. The Website, it's Content, and all related rights shall remain the exclusive property of Footworld or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on these Website.


2. PRODUCTS, CONTENT AND SPECIFICATIONS

All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Content on this Website may include images of people playing sports and exercising. Please be aware that we are not familiar with your individual physical characteristics and health. Before you begin an exercise program, you should get a medical checkup. It is important that you warm-up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy, or exhausted, or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks.


3. SHIPPING LIMITATIONS

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.


4. ACCURACY OF INFORMATION

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


5. THIRD-PARTY LINKS

From time to time, this Website may contain links to Websites that are not owned, operated or controlled by Footworld or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.


6. UNAUTHORIZED USE OF COMPUTER SYSTEM

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Website or the Website or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.


7. ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website.


8. USER-GENERATED CONTENT – INFORMATION CONTROL

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website ("User-Generated Content") do not represent the views of Footworld or any individual associated with Footworld, and we do not control this User-Generated Content. In no event shall you represent or suggest, directly or indirectly, Footworld endorsement of User-Generated Content. Footworld does not vouch for the accuracy or credibility of any User-Generated Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User-Generated Content on our Website. Through your use of the Website and Services, you may be exposed to User-Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage people, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.


9. USER-GENERATED CONTENT – YOUR LICENSE TO US

User-Generated Content remains the intellectual property of the individual user. By posting User-Generated Content on our Website, you grant Footworld a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.


10. FEES

For all charges for any products and services sold on the Website, Footworld will bill your credit card or alternative payment method offered by Footworld. In the event legal action is necessary to collect on balances due, you agree to reimburse Footworld for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.


11. ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.


12. FORCE MAJEURE

Neither Footworld nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.


13. PRIVACY

Your use of our Website and Services is subject to our Privacy Policy. Please read our Privacy Policy linked to here.


14. DISCLAIMER

Neither Footworld, nor any of its respective affiliates, warrants that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

We hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.


15. LIMITATION OF LIABILITY

Your use of the Website is at your own risk. You agree that our sole obligation to you is to provide the Website "as is." neither Footworld nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website shall be liable to you or to any third party for your use of, or the inability to use, the Website and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Website.

in no event will Footworld or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Website, any Websites linked to this Website, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions.

In the event of any problem with this Website or any Content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website. In no event shall Footworld’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Website.


16. RELEASE

In the event that you have a dispute with one or more other users of the Website, you release Footworld (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.


17. TERMINATION

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.


18. WEBSITE DISPUTES

"Website Disputes" include: (a) any claim you may have against Footworld in connection with the Site, (b) any claim Footworld may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.

All other disputes are Non-Website Disputes. Any claim arising from your purchase of a Footworld product or service is a Non-Website Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Website Dispute.


19. WEBSITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

Neither you nor we will be able to sue in court in connection with a Website Dispute. All Website Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.

You and Footworld waive any rights to maintain other available resolution processes for Website Disputes, such as a court action or administrative proceeding, to settle disputes. You and Footworld waive any right to a jury trial for Website Disputes.

Instead of suing in court, we each agree to settle Website Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.

To the extent, a party commences any action with includes both Website Disputes and Non-Website Disputes, consideration of the Non-Website Disputes shall stay until the Website Disputes are fully arbitrated. Then, any Non-Website Disputes will be considered by any court of competent jurisdiction.

You agree that you will not file a class action against Footworld and its affiliated companies, or participate in a class action against Footworld and its affiliated companies, in any Website Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Footworld and its affiliated companies, in any Website Dispute.


20. ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between the user and Footworld and supersedes any prior understandings or agreements (written or oral).


21. COPYRIGHT AND TRADEMARKS NOTICE

All Website design, graphics, text selections, arrangements, and all software are Copyright © 2024 Footworld

All trademarks, service marks, and trade names of Footworld used herein (including but not limited to: the Footworld name, the Footworld corporate logo) (collectively "Marks") are trademarks or registered trademarks of the Footworld Group, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Footworld trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Footworld' prior written consent. The use of Footworld trademarks on any other Website or network computer environment is not allowed. This protects you, too. When you see the Footworld marks, you can be sure of our quality and performance. Footworld prohibits the use of Footworld trademarks as a "hot" link on or to any other Website unless the establishment of such a link is approved in advance.


22. DISCLAIMER REGARDING PRODUCT AUTHENTICITY

Footworld does not claim to sell original, authentic, or officially licensed products. The items offered on this Website are not produced or endorsed by the original manufacturers or trademark holders, and any references to brand names or logos are for descriptive purposes only. We expressly state that the products sold through this Website are not genuine or original versions of the brands they may resemble, and should not be construed as such. Footworld does not engage in any practices intended to mislead customers into believing that our products are official or authentic. Our intent is to provide alternative options, and we make no warranties or representations regarding the authenticity or origin of the items offered.