The Athlete’s Foot USA Website / Applications Terms of Use

These Terms of Use were last updated on, and are effective as of, September 10, 2018.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. ALL USERS OF THIS PLATFORM AGREE THAT ACCESS TO AND USE OF THIS PLATFORM ARE SUBJECT TO THESE TERMS OF USE AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM OR THE SERVICES. PLEASE NOTE THAT SECTION 19 OF THESE TERMS OF USE CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, BOTH OF WHICH AFFECT YOUR RIGHTS CONCERNING DISPUTES WITH US AND WHICH YOU SHOULD READ.

TAF Retail, LLC d/b/a The Athlete’s Foot (“TAF”, the “Company”, “we”, “us”, or “our”) provides this this website or application, and related pages and content, as applicable (collectively the “Platform”) for its customers and other permitted users. We’ve worked hard to give you the essential information here and elsewhere on our Platform to get you comfortable with our Platform and to make it useful to you. These Terms of Use (the “Terms of Use”) help enable us to provide you with the goods, services, information, other content and features available through our Platform, and shall govern your use and activity on this Platform. In addition, certain other terms and conditions and policies are applicable to the Platform and specific goods and services that are sold through or made available through this Platform (collectively, the “Other Terms and Policies”), which Other Terms and Policies are provided for elsewhere on this Platform or when you use certain features of the Platform.

1.  SCOPE OF ACCESS TO PLATFORM AND RELATED RIGHTS

Subject to these Terms of Use and the Other Terms and Policies, the Company grants you a limited, revocable right to access and use the Platform solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this Platform. Further, you may not reproduce all or any portion of the Platform. This Platform and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to suspend or terminate use of this Platform or its services by you or other users in its sole discretion.

2.  USER ACCOUNT

To access certain functionality, services and information made available through this Platform that requires a user account, you will be required to establish a user account, which will be accessible upon input of an authorized e-mail address, a designated password, and other required information that is requested from you at either log in or initial user account registration.

For any user accounts of yours, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the Platform, and you are also responsible for the integrity and security of the operating environment from which you access the Platform. If you believe your user account has been improperly accessed, used or compromised, you must notify us immediately at TAF_consumeraffairs@theathletesfoot.com.

We are not responsible for any loss that may result from the unauthorized use of your user account, your password or other account access credentials. Because of this, you agree to hold us harmless for any losses incurred by us as a result of you not using reasonable safeguards to protect your password or other account access credentials.

3.  PRODUCT SALE AND AVAILABILITY; PLATFORM SEPARATE FROM RETAIL LOCATIONS; INFORMATION ERRORS

All prices for products or offers that are displayed on the Platform are quoted in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on products offered on this Platform without incurring any obligations. Availability of products and prices are subject to change without notice. All prices are exclusive of any applicable handling, shipping insurance, taxes, tariffs and duties. All payment shall be made in advance of shipment (for example, by credit card). Prices posted on the Platform for products or services are subject to change without notice; provided prices for orders that have been accepted will be honored in the event of a price change after such order acceptance. Notwithstanding the above, because all orders are subject to acceptance by us, we reserve the right to accept or cancel all or any part of any order (even if the order was previously confirmed) for any or no reason and without being liable to you or anyone else on account of such cancellation. If an order that is cancelled has already been paid for, we will issue you a refund for the order or the portion thereof that is cancelled.

TAF’s Platform is operated separately from The Athlete’s Foot retail locations. Because of this, products, services and related pricing, promotions and discounts available through the Platform may differ from products, services and related pricing, promotions and discounts available at The Athlete’s Foot retail locations. For similar reasons, products and services purchased through the Platform may only be returned or exchanged in accordance with the return and exchange policies applicable to the Platform and not at retail locations.

Although the Company strives at all times to maintain the accuracy of information maintained on the Platform, including pricing information and product and service details, occasionally pricing or other information errors may occur on this Platform. In the event that a product or service that is available through this Platform is mistakenly listed at an incorrect rate or other price or with other incorrect information, the Company reserves the right to refuse or cancel any order (or part of an order) placed for any such products or services listed at the incorrect price or based on incorrect information. If an order that has been so cancelled has already been paid for, we will issue you a refund for the order or the portion thereof that is cancelled.

4.  DELIVERY INSPECTION AND PRODUCT RETURNS

You must inspect all products immediately following their receipt by you, and provide written notice to us within five (5) days of any claim that the products are nonconforming, provided that a reasonable inspection would have revealed such non-conformity.

Returns will only be accepted for non-conforming products if the product and the original product packaging are in excellent condition. All other returns must be approved in advance by the Company.

5.  CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS; USE OF GPS TECHNOLOGY; ACCESS BY MOBILE DEVICE

Certain features of the Platform may require you to allow e-mails, text messages or other electronics communications to be received by you, and to use these features you must provide a valid e-mail address, mobile phone number or other contact information for another communications device. By registering such information on the applicable parts of the Platform you authorize us to send you electronic communications in accordance with the settings specified with your account. In addition, certain features of the Platform may utilize GPS or other location-based technology to confirm a registered user’s location for those features that are dependent on location verification, and you authorize the use with the Service of such GPS or other location-based technology. You should be aware that your carrier may charge you applicable text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless or other communications device used to receive or send any text messages or other electronic communications related to your use of the Platform.

If you use a mobile device to access the Platform, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to the use of your mobile device to access or use the Platform or any related features; and (b) all such charges are billed by and payable to your mobile service provider and not to us. Please contact your participating mobile service provider for pricing plans, participation status and other details about your mobile plan and related charges. You further understand that access to the Platform may not be available in all areas at all times and may be affected by specific device, software, coverage or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our Platform based on the type of mobile device that you use. By accessing or using any part of the Platform with a mobile device, you agree to these Terms of Use, and to any applicable terms of any related mobile app that you may use to access or use the Platform.

6.  PUBLIC FORUMS AND INAPPROPRIATE USER CONDUCT ON PLATFORM

We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums on this Platform where you and other users of our Platform can communicate. Harassment in any manner or form on the Platform, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the Platform is prohibited. You may not upload to, distribute, or otherwise publish through the Platform any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Platform or use the Platform to solicit others to join or become members of any other commercial online service or other organization.

7.  RESPONSIBILITIES AND DISCLAIMERS CONCERNING USER POSTED CONTENT

We do not assume any responsibility for materials posted to or created by users accessing the Platform, and we are not in any manner responsible for the content of such user communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Platform, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any user-posted contents or activities on the Platform. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to the Company, in its sole discretion.

You are solely responsible for any content posted by you on this Platform and the consequences of such posting or publishing of them. In connection with each of your content submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights and consents to use such submissions to enable inclusion and use of such submissions in the manner contemplated by this Platform and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual in such submissions to use the name or likeness of each and every such identifiable individual to enable inclusion and use of such submissions in the manner contemplated by this Platform and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business. We reserve the right to remove, edit or not publish any content submitted by any users of this Platform without prior notice.

It is our policy (i) to block access to or remove postings or other content that it believes in good faith infringes the copyrights of third parties, and (ii) to remove and discontinue service to repeat infringers. If you believe that content posted on this Platform infringes your copyright, please send a notice of claimed copyright infringement, please contact us as set forth in Section 18 below to provide us further details so that we address such matter.

8.  TERMINATION OF PLATFORM USE

The Company may terminate your access to this Platform at any time. In addition, your access rights to use this Platform may also be terminated if you fail to comply with these Terms of Use. You agree that the Company will not be liable to you or any third party for any termination of your use of this Platform, whether as a result of your failure to comply with these Terms of Use or otherwise. If your use of our Platform is terminated for any reason, the provisions of Sections 8, 9, 13, 14, 16, 17, 18, 19 and 20 shall survive any such termination.

9.  PRODUCT AND PLATFORM WARRANTIES AND DISCLAIMERS

WE WARRANT THAT NEW PRODUCTS ORDERED AND DELIVERED WILL BE IN NEW CONDITION WHEN RECEIVED AND WILL OTHERWISE BE AS WARRANTED BY THE APPLICABLE PRODUCT MANUFACTURER. THE FOREGOING PRODUCT WARRANTIES OF COMPANY ARE IN LIEU OF ALL OTHER WARRANTIES OF COMPANY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOU AGREE THAT THE REMEDIES PROVIDED HEREIN ARE THE ONLY WARRANTIES OF COMPANY FOR PRODUCTS SOLD BY COMPANY.

YOU AGREE THAT IN THE EVENT YOU RECEIVE NON-CONFORMING GOODS, YOUR WARRANTY REMEDIES AGAINST US ARE LIMITED TO THE EXCLUSIVE REMEDIES OF (1) RETURN OF THE APPLICABLE GOODS AND A REFUND OF THE PURCHASE PRICE THEREOF, OR (2) REPLACEMENT OF NON-CONFORMING GOODS OR PARTS, AND YOU ACKNOWLEDGE THAT SUCH REMEDY SHALL BE AT OUR SOLE DISCRETION IN THE EVENT A DISPUTE ARISES.

SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIS PLATFORM AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY NOTED OTHERWISE ON THIS PLATFORM), WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS PLATFORM OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE PROVIDE NO WARRANTIES FOR SERVICES NOT PROVIDED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.  LIMITATIONS OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS PLATFORM OR ANY SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS PLATFORM, OR THE PERFORMANCE OR USE OF THIS PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11.  ONLINE PRIVACY POLICY

We are diligent about protecting your privacy and that of other users of this Platform and the use of this Platform is subject to our Privacy Policy, which you may review by clicking here.

12.  CHILDREN’S PRIVACY AND PLATFORM AGE LIMITATIONS

This Platform is intended for use by persons aged 18 or older, and by your use of this Platform you affirm that you are at least 18 years of age. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 18. We also do not collect any personally identifiable information from any persons under the age of 18 and if we discover that we have been provided any such information, we will delete this information from our records.

In addition, if you are a Platform user under 18 years of age and reside in California, you may request and obtain removal of, content or information that you have posted on the Platform. You may send us any such requests by one of the following methods: (i) by email (writing “Privacy Policy – Removal Request” in the subject line) at TAF_consumeraffairs@theathletesfoot.com; or (ii) by writing to us at TAF Retail, LLC, 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318. We will review the request and respond promptly. You should be aware that a request to remove content or information posted by you on the Platform does not ensure or require complete or comprehensive removal of such content or information from our databases.

13.  COPYRIGHT

The entire contents included in this Platform, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this Platform.

14.  TRADEMARKS

All trademarks, service marks and trade names and logos of the Company used in this Platform are trademarks or registered trademarks of the Company. Other marks used on this Platform that have been posted by the Company are the property of their respective owners and are used on this Platform under permission.

15.  APPLICABILITY OF TERMS AND CHANGES

These Terms of Use are applicable to you upon your accessing the Platform and/or completing the registration or ordering process. These Terms of Use, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms of Use, we will note at the top of these Terms of Use the date of the last update, which should alert you to changes in these Terms of Use since your prior visit to this Platform.

16.  INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms of Use, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Platform using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the Platform.

17.  THIRD PARTY SITES AND LINKS

In an attempt to provide increased value to our customers and other Platform visitors, our Platform may link to, or contain links for, third party websites, applications or promotions offered by third parties, none of which we control or maintain. These may include websites linked to products or promotions referenced on our Platform or in advertisements on the Platform. We are not responsible for the terms and conditions or privacy practices employed by any third party websites accessible from our Platform, and therefore you access them at your own risk. We encourage you to read the privacy statements of all third party websites before submitting any personally identifiable information while using such other websites. Nonetheless, the Company seeks to protect the integrity of its Platform and the links placed upon it and therefore we welcome any feedback on not only this Platform, but also for websites that this Platform links to (including if a specific link does not work).

18.  NOTICES

The Company may at its option deliver notices to you concerning your user account or use of services or other activities on this Platform by means of email, a general notice on the Platform, or by other reliable method to the address you have provided to the Company.

Unless specified elsewhere in these Terms of Use for specific types of notices or communications, for notices to be provided to the Company, its mailing address is as follows: TAF Retail, LLC, 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318.

19.  GOVERNING LAW; DISPUTES AND BINDING ARBITRATION; CLASS ACTION WAIVER

Your use of this Platform shall be governed in all respects by the laws of the State of Georgia, without regard to such state’s choice of law provisions. Any cause of action or claim you may have with respect to the Platform must be commenced within one (1) year after the claim or cause of action arises. The language in these Terms of Use, the Privacy Policy and other terms and policies provided for elsewhere on this Platform shall be construed as to its fair meaning and not strictly for or against any party.

Other than a controversy or claim relating to the validity of our intellectual property rights (as to which we may pursue any available legal or equitable remedies) or other matters expressly addressed in a different manner for dispute resolution purposes, all users that engage in activity directly or indirectly, on the Platform agree that any dispute that arises between them and other users of the Platform or the Company as to rights or liabilities involving this Platform shall be settled by confidential binding arbitration in Atlanta, Georgia, in accordance with the arbitration rules of the American Arbitration Association. Each party shall bear its own attorney’s fees, expert witness fees, and costs in connection with such arbitration.

You and we submit to the jurisdiction of the courts in the State of Georgia with respect to matters arising under these Terms of Use, including, without limitation, to compel arbitration in accordance with these Terms of Use or to confirm any related arbitration award. You and we agree (i) to accept service of process in accordance with the rules designated by the applicable arbitrator, and (ii) to abide by any decision in any such arbitration and of any court having jurisdiction to enforce such decision.

Class Action Waiver. You and we also agree that any arbitration shall be conducted in an individual capacity only and not as a class action or other representative action, and each of you and we expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

20.  MISCELLANEOUS

The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

If you have any complaint about use of the Platform, you may contact us by email at TAF_consumeraffairs@theathletesfoot.com, or by postal mail at TAF Retail, LLC, 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318. Our phone number for general inquiries is (833) 568-3823. In accordance with California Civil Code Section 1789.3, California residents may also file complaints with the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs by postal mail at 1625 North Market Road, Suite N112, Sacramento, CA 95834 or by telephone at 800-952-5210.

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