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2. Purchase Related Policies
3. Accuracy of Product Information
We strive for accuracy when describing our products on the Site; however, to the extent permitted by applicable law, we do not guarantee that the product descriptions, colors or other content on the Site are complete, error-free or always current.
4. Intellectual Property
All content we provide on the Site, including but not limited to text, graphics, logos, icons, images, video or audio clips and data downloads as well as any software used in connection with the Site, including the compilation and arrangement thereof (collectively, the “Content”) is the sole intellectual property of JOOTS, Inc., and, as such, is protected by applicable United States and international copyright laws.
All trademarks, logos, typestyles, trade names and service marks shown on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of JOOTS, Inc., our affiliates, partners and/or licensors in the United States and other countries, and, as such, are protected by applicable United States and international trademark and copyright laws.
Except where expressly allowed or required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, published, reproduced, copied, sold, resold, accessed, displayed, uploaded, decompiled, modified, or otherwise exploited, in whole or part, for any purpose, without our specific prior written consent. Such requests for permission may be addressed to our corporate headquarters by emailing us at info@JOOTS-usa.com.
5. Users’ Obligations and Responsibilities
6. Your User Account
7. Acceptance of Your Order
Once you have placed your order, you will receive an email acknowledgment noting the details of your order. This email is NOT a formal acceptance of your order; it is a review of our understanding of what you are ordering. Unless you cancel your order prior to its being shipped out to you, the order’s acceptance as well as the completion of the contract between you and JOOTS, Inc. are both realized upon our actual physical shipment of the ordered goods to you.
Because the sale contract is concluded in Ft. Myers, Florida, United States of America, English is the language of the sale contract.
We reserve the right, at our sole discretion, to refuse to process a transaction for any reason or to refuse service to anyone at any time. We are not liable to you or to any third party if we choose to withdraw merchandise from the Site whether or not that specific merchandise has been sold. We are not liable to you if we screen, edit or remove any material or content on the Site, or if we refuse to process a transaction or if we suspend any transaction after processing has begun.
8. Fraud Protection
To protect our customers as well as ourselves, JOOTS, Inc. reserves the right to refuse to process any order due to suspected fraud or to unauthorized or illegal activity. In such a case, our customer service department may call you to discuss your order or, if we deem necessary, we may reject your order. We reserve the right to close any account or to refuse to ship to any address due to suspected fraud or to unauthorized or illegal activity.
9. Termination of Account
We reserve the right, at any time, with or without prior notification, to suspend or terminate your account or your use of the Site. Should this occur, you are still personally liable for any orders that you have placed and for charges that you may have incurred prior to your account termination.
Payment may be made in a number of ways: by Visa, MasterCard, American Express, PayPal, Visa Debit, Visa Delta, Electron or by JCB cards. Upon receipt of your order by JOOTS, Inc., payment will be debited and cleared from your account. You affirm that the credit or debit card that is being used for each transaction is yours. All credit and debit card holders are subject to validation checks and to the card issuer’s authorization process. If your card issuer refuses to authorize payment to JOOTS, Inc., we will not be responsible or liable for any ensuing delay or non-delivery of your ordered merchandise.
We strive to make our Site as safe and secure as possible. All credit card transactions on the Site are processed via Authorize.net, a protected online payment gateway that encrypts your card details in a secure host environment. You will also be given the opportunity to securely store your payment card data in our systems. Users’ card details are fully encrypted and are only accessed to process card transactions that a user specifically authorizes.
Furthermore, JOOTS, Inc. uses Secure Socket Layer (SSL) technology to help provide a safe and simple shopping experience.
Our pledge to you is to take all reasonable care to keep the details of your order and payment secure, but, barring certified, proven negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide while accessing or ordering from the Site.
JOOTS, Inc. insures each purchase while the ordered goods are in transit. Upon delivery, you will be asked to sign for the merchandise before it will be relinquished to you and, at that point, responsibility passes to you for your purchased, delivered goods.
13. Order Tracking
You are always able to check the status of your shipment by signing into your account online and selecting order status. Enter your unique tracking number which will be emailed to you with each order and we will track your shipment and then email its status to you. JOOTS, Inc. will store your transaction records for a period of one calendar year.
14. Message Boards/ Bulletin Boards
The Content you submit to JOOTS, Inc., including but not limited to suggestions, concepts, ideas, inquiries, data, materials, feedback, and other information, is treated as non-proprietary and non-confidential. By submitting such information to us, you hereby grant JOOTS, Inc. a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, publish, sell, assign, and/or to create products and services from the submissions and to distribute and display such information in any form, media, or technology, whether existing or thereafter developed, alone or as part of other works. You also agree that your submittals are non-returnable and that we may use them in whole or part for any purpose including, but not limited to development, manufacture, distribution and marketing.
16. Linked Sites
17. DMCA (Digital Millennium Copyright Act) Notice
JOOTS, Inc. owns, protects and enforces copyrights of its creative materials and respects the copyright protections afforded to others. When linking to third parties and third party sites, portals and directories through the Site, materials of third parties, not owned or controlled by JOOTS, Inc., may be included in or linked to the Site or may be stored or transmitted over JOOTS, Inc.’s own Site. JOOTS, Inc. strives to avoid copyright infringements of others but, should a linked website challenge this aim, upon our receipt of proper notice of any claimed infringement, JOOTS, Inc. will respond expeditiously to follow the procedures specified in the DMCA in an effort to resolve the claim between the notifying party and the alleged infringer. The designated agent to whom you may address any suspected copyright infringement is Customer Service at JOOTS, Inc. To do so, email info@JOOTS-usa.com. JOOTS, Inc. maintains the right to request that the issuer of the questioned materials remove or disable from our Site all access to the questioned materials. In no event shall JOOTS, Inc. be liable, directly or indirectly, to any party for any loss or damage arising from the use of a linked website and JOOTS, Inc. reserves the right, at its sole discretion, to add, change, decline or remove, without prior notice, any feature or link to a third party website.
18. Limitation of Liability (Representations and Warranties)
We are not responsible for Site timeliness, Content accuracy, product or personnel unavailability, viruses, interruptions in Site availability, or for other defects in the Site or its Contents. We are not liable for any direct, indirect, special, incidental, or consequential damages of any sort (including lost profits) that may be related to the Site regardless of the form of action—contract, tort or otherwise—even if we have been notified of the possibility of such damages.
We reserve the right, at any time, with or without prior notification, to alter, suspend, discontinue all or any aspect of the Site. We are not liable for any direct, indirect, special, incidental or consequential damages of any sort (including lost profits) that may be related to any possible Site modifications.