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, Inc. and its affiliates and subsidiaries (hereafter "we" or "us") and you, whether personally or on behalf of an entity (“you”).  These Terms of Use govern your use of the Superfeet.com website (the “website”) and any services or sales provided on the website, so please read them carefully.

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 BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY.  ACCORDINGLY, SUPERFEET.COM RESERVES 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. SUPERFEET.COM DOES 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. 

2. Use for Educational Purposes Only 

This site and its services are for consumer educational use 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. If you are experiencing a medical emergency, please dial 911 on the nearest telephone or call for emergency help. 

3. Privacy Policy 

The information that Superfeet Worldwide, Inc. obtains 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. Your use of our sites indicates an agreement to our Privacy Policy. 

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 these terms. You will promptly report any unauthorized use of your password to us.

5. Limitation of Damages

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICE, WEBSITE AND OTHER CONTENT AND MATERIALS.

6. Intellectual Property; Limited Use of Content

All contents of this website, including without limitation, the Superfeet.com logo, design, text, graphics, other files, and the selection, arrangement and organization thereof are owned by us Copyright © 2006 Superfeet Worldwide, Inc. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this website and all names, terms, logos, slogans, images and other indicia identifying Superfeet Worldwide, Inc.’s products or services are proprietary marks belonging to Superfeet Worldwide, Inc. Any use of the copyrighted contents or the trademarks belonging to Superfeet Worldwide, Inc. without the express written permission of Superfeet Worldwide, Inc. is strictly prohibited.  You hereby acknowledge that any use by you of such trademarks or trade dress is for the sole benefit of Superfeet.com and all goodwill generated by such use will inure to Superfeet.com.

Nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

Superfeet.com will retain ownership of its intellectual property rights and you may not obtain any rights therein by virture of these Terms of Use or otherwise.  You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the website.  You may not use any third party intellectual property without the express written consent of the applicable third party, except as permitted by law.

You are authorized to view or download a single copy of the material on the website solely for your personal, non-commercial use.

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.

8.  Indemnification 

You agree to hold Superfeet.com and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Use by you or (ii) arising from, related to, or connected with your use of the website.  If you are obligated to provide indemnification pursuant to this provision, Superfeet.com may, in its sole and absolute discretion, control the disposition of the Claim at your sole cost and expense.  Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Superfeet.com.

9.  Arbitration

All disputes arising out of or relating to these Terms of Use (including its formation, performance or alleged breach) or your use of our website will be exclusively resolved under confidential binding arbitration held in Bellingham, Washington, before and in accordance with the Rules of the American Arbitration Association.  The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.  Notwithstanding the foregoing, Superfeet.com will have the right to seek injunctive or other equitable relief in state or federal court located in Whatcom County, Washington, to enforce these terms or prevent an infringement of a third party’s rights.  In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court. 

10. Waiver of Class Action Rights 

By entering in to these Terms of use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device.  Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually. 

11.  Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the website, must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred. 

12.  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. You agree that these Terms of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation. 

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) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail.  If you give notice to Superfeet.com, 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 U.S. mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, n 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: April 2013