Terms and Conditions
Welcome to The Good Feet Store Website
These Terms and Conditions outline the rules and regulations for the use of The Good Feet Store website, located at https://www.goodfeet.com/ and any mobile access and mobile application or platform connected or associated with this website, and any information stored therein as well as any products and services offered through any of the foregoing (collectively, “Website”). These Terms and Conditions are a legal agreement between you and The Good Feet Store. It states the terms of use under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively, the “Website Content”).
By accessing this Website, you accept these terms and conditions in full. Do not continue to use The Good Feet Store Website if you do not accept all of the terms and conditions stated on this page. If you are not of legal age to form a binding contract (in many places, this is 18 years old), then a parent or guardian must read these terms, before you use The Good Feet Store Website or provide any information to us; in such case, “you” or “Client” (as defined below) includes (i) the parent or legal guardian who provides consent to the use of the Website by such minor or uses the Good Feed Store’s service or products on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the services or products are being utilized. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms and Conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, Mobile Service Terms and Conditions, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and Company. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Eligibility
You represent and warrant you are at least eighteen (18) years of age, or you are thirteen (13) or older and under eighteen (18) years of age and your parent or legal guardian provides consent to the use of this Website on behalf of you, and that you possess the legal right and ability to enter into agreements including these Terms and Conditions. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. In addition, to use the Website Content, you agree to comply with these Terms and Conditions and The Good Feet Store’s Privacy Policy. The Good Feet Store may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.
Customer Privacy
The Good Feet Store understands the importance of maintaining the privacy of your personal information. Please review The Good Feet Store’s Privacy Policies carefully. This describes how personal information about you may be used and disclosed. The Good Feet Store is committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and
correspondence received from The Good Feet Store are intended to fully comply with the CAN-SPAM Act. Please refer to The Good Feet Store’s Privacy Policies for information to unsubscribe or opt out of communications.
Cookies
The Good Feet Store employs the use of cookies. By using The Good Feet Store’s Website, you consent to the use of cookies in accordance with The Good Feet Store Privacy Policy. Most of the modern-day interactive websites use cookies to enable the site to retrieve user details for each visit. Cookies are used in some areas of The Good Feet Store’s site to enable the functionality of this area and ease of use for those people visiting. Some of The Good Feet Store’s affiliate / advertising partners may also use cookies on their website(s).
Communications
When you enter your information on this Website and/or send phone messages, text messages, and/or emails to us, you are communicating with The Good Feet Store electronically. As such, you consent to receive communications from us electronically. The Good Feet Store may communicate with you by telephone, text, email, or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that The Good Feet Store provides to you electronically (including by posting on the Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by The Good Feet Store electronically are deemed to be given and received on the date The Good Feet Store transmits any such electronic communication as described in these Terms and Conditions.
The Good Feet Store may revise or update the Terms and Conditions at any time without advance notice by posting here. In the event that the last e-mail address that you have provided The Good Feet Store is not valid, or for any reason is not capable of delivering to you the notice described above, The Good Feet Store sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in this notice. In any event, use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review the Terms and Conditions. If you do not agree to be bound by all of these terms and conditions, do not use this Website or any services or products provided by The Good Feet Store.
Code of Conduct
You agree not to use the Website Content or any service The Good Feet Store provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes its policies, guidelines, rules or the Terms and Conditions of this Agreement. This includes, but is not limited, to the following: You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any company representative; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of The Good Feet Store’s business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise, unless expressly permitted by The Good Feet Store; use any of its tools and services in any manner that could damage, disable or impair its services or networks; attempt to gain unauthorized access to any user or user’s information, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of The Good Feet Store’s Website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse
engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so.
User/Client Comments: Certain parts of this Website post User/Client opinions, information, material and data (‘Comments’). The Good Feet Store does screen, publish or review Comments prior to their appearance on the Website.
User/Client whose Comments are posted warrant, represent, and agree that:
• The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
• You hereby grant to The Good Feet Store a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Iframes: Without prior approval and express written permission, you may not create frames around The Good Feet Store’s Website or use other techniques that alter in any way the visual presentation or appearance of the Website.
Linking to The Good Feet Store’s Website
Removal of Links and Reservation of Rights: If you find any link on the Website or any linked website objectionable for any reason, you may contact The Good Feet Store about this. The Good Feet Store will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst The Good Feet Store endeavors to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.
The Good Feet Store reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to The Good Feet Store’s Website. You agree to immediately remove all links to the Website upon such request. The Good Feet Store also reserves the right to amend these Terms and Conditions and its linking policy at any time. By continuing to link to the Website, you agree to be bound to and abide by these linking Terms and Conditions.
Hyperlinking to The Good Feet Store’s Website Content:
Organizations that Don’t Require Prior Approval: The following organizations may link to The Good Feet Store’s Website without prior written approval, but reserves its right to remove links from:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors when they list The Good Feet Store in the directory may link to The Good Feet Store’s Website in the same manner as they hyperlink to the websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to The Good Feet Store’s Website.
Organizations that Require Approval: The Good Feet Store may consider and approve in its sole discretion other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
• dot.com community sites;
• associations or other groups representing charities, including charity giving sites,
• online directory distributors;
• internet portals;
• accounting, law and consulting firms whose primary clients are businesses; and
• educational institutions and trade associations.
If you are among one of the types of organizations listed above and are interested in linking to The Good Feet Store’s Website, notify The Good Feet Store by the contact information listed below. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to The Good Feet Store’s Website, and a list of the URL(s) on The Good Feet Store’s Website to which you would like to link. Allow 2-3 weeks for a response.
All Organizations’ Requirements to Link: All organizations, whether requiring approval or not, must comply with the following, in The Good Feet Store’s sole discretion: (a) the link must not reflect unfavorably on The Good Feet Store or its accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with The Good Feet Store; (c) the benefit to The Good Feet Store from the visibility associated with the hyperlink outweighs the absence of The Good Feet Store; (d) the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization; (e) the link is not in any way misleading; (f) the link does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; (g) the link fits within the context of the linking party’s website; (h) the organization may not use The Good Feet Store logo or other artwork without entering a trademark licensing agreement with The Good Feet Store; and (i) the organization must not link to the Website from a site that is unlawful, abusive, indecent or obscene, promotes violence or illegal acts, contains expressions of racism, is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. The Good Feet Store reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this its Website or this Terms and Conditions.
Approved organizations may hyperlink to The Good Feet Store’s Website as follows:
• By use of The Good Feet Store’s corporate name; or
• By use of the uniform resource locator (Website address) being linked to; or
• By use of any other description of The Good Feet Store’s Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
Intellectual Property
Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of The Good Feet Store or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of The Good Feet Store and is protected by U.S. and international copyright laws.
The Good Feet Store does not warrant or represent that your use of Website Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Website Content beyond
the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Website Content. The Good Feet Store is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless The Good Feet Store from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms and Conditions.
If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify and email The Good Feet Store immediately at legal@goodfeet.com with all specifics necessary for The Good Feet Store to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for The Good Feet Store to act on your complaint. Specifically, you will be asked to provide The Good Feet Store’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit The Good Feet Store to locate the material; (d) information reasonably sufficient to permit The Good Feet Store to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Good Feet Store has a policy of terminating of Client’s access who (in The Good Feet Store’s reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by The Good Feet Store in connection with the written notification and allegation of copyright infringement.
Client License: Unless otherwise stated, The Good Feet Store and/or it’s licensors own the intellectual property rights for all material on https://www.goodfeet.com/. All intellectual property rights are reserved. You may view and/or print pages from https://www.goodfeet.com/ for your own personal use subject to restrictions set in these Terms and Conditions, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Any unauthorized use terminates the permission or license granted to you by The Good Feet Store to use the Website.
You must not:
• Modify, copy, display, or create derivative works in whole or in part, including any text, images, audio, and video in any manner from Website Content or from https://www.goodfeet.com/
• Republish material from https://www.goodfeet.com/
• Sell, rent, license or sub-license material from https://www.goodfeet.com/
• Reproduce, duplicate or copy material from https://www.goodfeet.com/
• Redistribute content from The Good Feet Store (unless content is specifically made for redistribution).
Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of The Good Feet Store, affiliates, third-parties, franchisees, or other licensees of The Good Feet Store. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of The Good Feet Store. In addition to complying with all applicable laws, you agree that you will not
use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of The Good Feet Store.
Ownership of Information Submitted Via this Website: While Personal Information (as defined in The Good Feet Store’s Privacy Policy) which you submit will be maintained in accordance with The Good Feet Store’s Privacy Policy, any information you transmit to The Good Feet Store via this Website, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of The Good Feet Store. In addition, as The Good Feet Store’s property, to the extent allowed by law such information may be used by The Good Feet Store for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, The Good Feet Store will make every effort to de-identify any information relating to your health or health concerns, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with The Good Feet Store or The Good Feet Store’s agents and consultants, as the case may be, via the Website. The Good Feet Store shall be free to use any ideas, concepts, or techniques contained in any communication you send to The Good Feet Store via this Website or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. The Good Feet Store is not responsible for any information or content submitted by other users or Clients; you agree that any interaction between you and other users or Clients of the Website are solely between you and the other users and that The Good Feet Store is not responsible for any loss, damage, or dispute between you.
Website Content Liability
The Website Content is educational and informational in nature and is provided only as general information and is not medical advice, opinion, diagnosis, treatment or guarantee. The Website is not intended to create and does not constitute any professional relationship between The Good Feet Store (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or franchisees) and you, and does not create any doctor-patient or any other professional relationship with you. The Website is not intended to solicit patients; and should not be relied upon as medical or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, medicine, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the Website. The information provided through the Website should not be used for diagnosing or treating health problems or diseases. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but rather is merely intended to serve as one resource for general and educational purposes.
Information and statements regarding medical devices have not been evaluated or approved by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use and consult with your health care professionals.
The Good Feet Store shall have no responsibility or liability for any Website Content appearing on your Website. You agree to indemnify and defend The Good Feet Store against all claims arising out of or based upon your Website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Third-Party Content and Comments: The Good Feet Store has no editorial control or responsibility over the Content included on the Website provided by third-party content providers or any Comments provided by users/Clients. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or Clients on this Website are those of such third-party suppliers, users, or Clients, respectively, and does not reflect the views or opinions of The Good Feet Store, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. The Good Feet Store does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party. To the extent permitted by applicable laws, The Good Feet Store is not responsible or liable for third-party content or Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the third-party content or Comments on this Website.
This Website may contain hyperlinks to other sites or third-party sites owned and operated by parties other than The Good Feet Store. Such hyperlinks are provided only for ready reference and ease of use. The Good Feet Store does not control such sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless it specifically so states. In the event this Website provides hyperlinks to other sites that are not owned, operated or maintained by The Good Feet Store, you acknowledge and agree that The Good Feet Store is not responsible for and is not liable for the content, products, or services on or available from such sites. The Good Feet Store accepts no liability for any information, products, promotions, advertisements, or services accessible through these third-party sites or for any action you may take as a result of linking to any such website. Your reliance on such information is solely at your own risk. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Good Feet Store is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Good Feet Store shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. The Good Feet Store is not responsible for the privacy practices or terms of use of any other websites.
Disclaimers
To the maximum extent permitted by applicable law, The Good Feet Store excludes all representations, warranties and conditions relating to The Good Feet Store’s Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, any warranties of merchantability, title, non-infringement, unfair business practices, and/or the use of reasonable care and skill). The Good Feet Store has used reasonable efforts in collecting, preparing, and providing quality information and material but makes no guarantee about the accuracy, completeness, or adequacy of the Website Content. The Website and the Website Content is provided on an “as is” and “as available” basis. The Good Feet Store does not provide any express warranties or representations. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy. The Good Feet Store (and The Good Feet Store’s suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses, or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Website, The Good Feet limits all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.
Further, nothing in this disclaimer will limit or exclude The Good Feet Store’s or your liability for (i) death or personal injury resulting from negligence; (ii)for fraud or fraudulent misrepresentation; (iii) in any way that is not permitted under applicable law; or (iv) that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
The Good Feet Store is Not a Medical Provider and Does Not Provide Medical Advice. Any and all content stated or posted on this Website or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine or the provision of medical care or any other professional healthcare. The information provided on this Website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website. Always consult your physician or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical treatment, medication or herbal supplement, routine, or procedure.
Testimonials and Endorsements. Clients generally may not be expected to achieve the same or similar results as others who have used The Good Feet Store’s services or products and who have subsequently written or recorded video testimonials and endorsements. The Good Feet Store posts testimonials for informational purposes only and does not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor does The Good Feet Store claim that a significant number of Clients may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement, are not necessarily what any given Client should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by The Good Feet Store regarding the outcome of any past, ongoing, or future conversation or interaction with you.
Limitation of Liability
The Good Feet Store is not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not The Good Feet Store has been advised of the possibility of such damages)) or damages arising from or relating to these Terms and Conditions or inability to use the Website (including damages resulting from lost data or business interruption), even if The Good Feet Store has been advised of the possibility of such damages, whether resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of The Good Feet Store’s Website or any data or information transmitted in connection with the use of this Website, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Website, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on the Website, (vii) any lost profits of Clients for spending any time on the Website or any articles or comments posted on the Website or, (viii) any other matter relating to the Website. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Website. Your access to, and use of, the Website is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. To the extent that the Website
and the information and services on the Website are provided free of charge, The Good Feet Store will not be liable for any loss or damage of any nature. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.
Assumption of Risks, Indemnification
You understand, acknowledge, and freely assume all risks, including physical and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by The Good Feet Store or any of our agents or employees. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein.
By viewing the Website you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, The Good Feet Store from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website; (b) your violation of these Terms and Conditions or of applicable laws or regulations; or (c) any content you uploaded to the Website. The Good Feet Store reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Good Feet Store, and you agree to cooperate with The Good Feet Store’s defense of these claims. You agree not to settle any matter without the prior written consent of The Good Feet Store. The Good Feet Store will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of The Good Feet Store’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by The Good Feet Store, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Website, or any property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Termination
Right to Termination: The Good Feet Store reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Code of Conduct or this Agreement, including, without limitation, the suspension or termination of the Customer’s access, which may involve deletion of any content you have uploaded. The Good Feet Store will not have any liability whatsoever to you for any termination of your rights under these Terms and Conditions.
The Good Feet Store may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, The Good Feet Store reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Good Feet Store’s sole discretion. Further, The Good Feet Store reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access. You agree that The Good Feet Store will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part or service thereof.
Right to Remedies: You agree that any violation or threatened violation of these Terms and Conditions constitutes an unlawful and unfair business practice that will cause The Good Feed Store irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to The Good Feet Store obtaining any injunctive or equitable relief that The Good Feet Store deems necessary or appropriate. These remedies are in addition to any other remedies The Good Feet Store may have at law or in equity.
Right to Monitor: The Good Feet Store neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, or other material created or accessible over or through this Website. However, The Good Feet Store does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in The Good Feet Store’s sole discretion, may be inappropriate, offensive, illegal, subject The Good Feet Store to liability, violate these Terms and Conditions, or are, in the sole discretion of The Good Feet Store, inconsistent with The Good Feet Store’s purposes for this Website.
Miscellaneous Terms
Export: You agree that The Good Feet Store’s services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from The Good Feet Store, or any products utilizing such data, in violation of the United States export laws or regulations.
Entire Agreement: These Terms and Conditions constitute the sole Agreement between you and The Good Feet Store relating to your use of the Website Content, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or The Good Feet Store.
Severability: The Good Feet Store and you both agree that if The Good Feet Store cannot enforce a part of these Terms and Conditions as written due to a conflict with state or federal law, then that part will be replaced with terms that most closely match the intent of the part The Good Feet Store cannot enforce to the extent permitted by law. The invalidity of part of these Terms and Conditions will not affect the validity and enforceability of the remaining provisions.
No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms and Conditions, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by The Good Feet Store of any right under this Terms and Conditions Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Jurisdiction: The Terms and Conditions are governed by and construed in accordance with the laws of the State of California, USA and controlling United States Federal Law without regard to any conflicts of law provisions.
Force Majeure: The performance of The Good Feet Store hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, terrorism, civil disorder, natural disaster, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, pandemic, epidemic, outbreak of contagious disease, and the like.
Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
Contact Information
If you have any queries regarding any of The Good Feet Store’s Terms and Conditions, please contact us at the following email or the mailing address provided below. The Good Feet Store will attempt to respond to your questions or concerns promptly.
The Good Feet Store Headquarters
5923 Farnsworth Ct.,
Carlsbad, CA 92008
Email: legal@goodfeet.com
These Terms and Condi