1. SCOPE OF ACCESS TO PLATFORM AND RELATED RIGHTS
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.
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.
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
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.
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.
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.
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
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).
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.
19. GOVERNING LAW; DISPUTES AND BINDING ARBITRATION; CLASS ACTION WAIVER
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.
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.
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.