Terms Of Use

BEFORE USING THIS WEBSITE, PLEASE READ THE TERMS OF USE SET FORTH BELOW.

These Terms of Use constitute a legally binding agreement made by and between Superfeet Worldwide, LLC. and its affiliates and subsidiaries (hereafter "we" or "us")

• Superfeet Worldwide, LLC. a company incorporated in the State of Washington in the United States of America and having its registered office at 1820 Scout Place, Ferndale, WA 98248; and
• Superfeet Worldwide UK Limited, a company registered in England and Wales with the company number 07886500, with its registered office at The Pinnacle, 170 Midsummer Boulevard, Central Milton Keynes, Buckinghamshire, MK9 1BP

and you, whether personally or on behalf of an entity ("you"). These Terms of Use govern your use of the https://www.superfeet.com, https://www.superfeet.com/en-gb, https://www.superfeet.com/en-us, https://www.superfeet.com/en-ca, https://www.superfeet.com/en-eu, https://www.superfeet.com/de-us, https://www.superfeet.com/de-ca, https://www.superfeet.com/de-gb, https://www.superfeet.com/de-eu, https://www.superfeet.com/fr-us, https://www.superfeet.com/fr-ca, https://www.superfeet.com/fr-gb, and https://www.superfeet.com/fr-eu websites (the "website"), so please read them carefully. Other terms and conditions apply to the purchase of our products.

BY CLICKING THE "I AGREE" BUTTON OR ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO COMPLY, DO NOT ACCESS OR USE THIS WEBSITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS TERMS OF USE THAT MAY BE POSTED.

1. NO REPRESENTATIONS OR WARRANTIES

The services provided on this website and the content, information, documents, graphics and images published at this website could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this website. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS OUR WEBSITE THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS OF USE AND OTHER APPLICABLE TERMS AND CONDITIONS, AND THAT THEY COMPLY WITH THEM.

2. USE FOR CONSUMER AND EDUCATIONAL PURPOSES ONLY

This site and its services are (i) for consumer educational use and (ii) to facilitate the purchase of our products, only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

3. PRIVACY POLICY

The information that we obtain through your use of our website, is subject to our Privacy Policy. Our Privacy Policy contains terms and conditions that govern our collection and use of the information you provide use and our respective rights relative to that information. Please review our Privacy Policy before you use our website.

4. SECURITY

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with this term. You will promptly report any unauthorised use of your password to us.

5. WE ARE NOT RESPONSIBLE FOR ANY CONTENT ON ANY WEBSITES WE LINK TO

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

6. INTELLECTUAL PROPERTY; LIMITED USE OF CONTENT

As far as we are aware, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. USE OF COOKIES

"Cookies" are small pieces of information that some websites store on your computer's hard drive when you visit them. We use cookies to provide us with information relating to the sources of our site traffic, and to maintain session integrity as you navigate throughout the website. Most Web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. Our site requires that cookies be enabled. If you reject cookies from this website, you will not be able to access the site. Please see our Cookie Policy for further information.

8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out separately in our [Purchase of Goods Terms & Conditions].

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our website; or
• use of or reliance on any content displayed on our website.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

9. VIRUSES

While we make every effort to ensure the security and safety of our website, we do not guarantee that our website will be completely secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

10. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a EEA consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

11. GENERAL TERMS

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this website may be interfered with by numerous factors outside of our control.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

All notices required or permitted to be given under these Terms of Use will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) recorder delivery, (iii) overnight courier, or (iv) electronic mail. If you give notice to us, you must use the following address: 1820 Scout Place, Ferndale, Washington 98248 or customercare@superfeet.com. All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery, (ii) if by delivery by recorded delivery, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.

Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to subsequent or similar breaches.

These Terms of Use set forth the entire understanding and agreement between us and any website user with respect to the website, its uses and services and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

THIS DOCUMENT LAST UPDATED: DECEMBER 2019