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TERMS OF USE

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (TERMS OF USE):

This website (the “Site”) is provided by JOOTS, Inc. for the purpose of your informational, educational and personal enjoyment and for the ease of your direct shopping experience.  JOOTS, Inc. makes available to you the content and services on the Site subject to the following terms and conditions (“Terms of Use”).  By accessing or using the Site, you acknowledge having read, understood, and agreed to, without limitation or qualification, these Terms of Use and it is understood that you are aware that you are bound by these Terms of Use.

We reserve the right to change these Terms of Use at any time and to do so without prior notice.  It is advised that users review our Terms of Use periodically to be familiar with the most current version.

All information regarding users of the Site is subject to and governed by our Privacy Policy.

 

1. Privacy

Please review our Privacy Policy which governs your visit to this Site concerning the information you provide to the Site.  Please refer to our Private Policy whenever providing information to the Site.

 

2. Purchase Related Policies

The products and services available on the Site, and any samples with which we may furnish you, are solely for the purposes of your personal use and enjoyment.  You are prohibited from selling or reselling any of the products, services, or samples that you may purchase from us or that you may otherwise receive from us.  We reserve the right, with or without prior notice, to reduce the quantity of any order(s) that we deem, in our sole discretion, might result in a violation of these Terms of Use.   Furthermore, we reserve the right, at our sole discretion, with or without prior notice, to cancel any order or account that we believe, in our sole discretion, to be violating these Terms of Use.

 

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

By accessing or using the Site, you acknowledge your compliance with these Terms of Use as well as with any warnings or instructions for access or use that may, from time to time, be posted on the Site.  You agree to act in accordance with the law, with custom and in good faith.  Users are prohibited from accessing or using this Site for the purpose of causing harm to the Site, its contents or its security measures.  You agree that you will not contact or use this Site to harass or disparage JOOTS, Inc., its personnel or its products and services and this includes a prohibition of the use of unsolicited email (spam) to or through this Site.  Users may not use this Site to transmit, distribute, store, adapt, re-engineer or destroy material in violation of any applicable law or regulation or in any way that would infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or that would violate the privacy or publicity or the personal rights of others, or in any manner that is libelous, obscene, threatening, hateful or otherwise abusive.  If a user fails to comply, whether negligently or willfully, in any of these aforementioned obligations of our Terms of Use (which includes our Privacy Policy), that user will be held liable for any losses and damages that such actions may cause to JOOTS, Inc., our affiliates, partners, personnel or licensors.  

 

6. Your User Account

One option for establishing your JOOTS, Inc. account is to register on the JOOTS, Inc. Site.  For this, an email address/username and a password are required.  It is your responsibility to keep your account, username and password confidential and to restrict access to your own computer as you are agreeing to accept responsibility for all activities that are generated under your account, username and/or password.  The information you provide to us for the purpose of registering your account online must be accurate, truthful and must pertain to you, only.  If you violate our Terms of Use or if we believe, in our sole discretion that JOOTS, Inc.’s best interests are not being served, we reserve the right to refuse to supply or service any user and/or to terminate any user account, even without warning.

 

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 fulfill an order for a number of reasons among which, but not limited to, are:  our inability to obtain authorization for payment; shipping restrictions that may apply to a specific ordered item; ‘ship to’ locations that do not meet the specifications of our expeditors; an out-of-stock inventory position; a situation in which our quality control standards have led to the withdrawal of an item, or your ineligibility to meet any of the criteria described in these Terms of Use.

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.

 

10. Payment

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.
11. Security

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.

 

12. Insurance

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

JOOTS, Inc. welcomes user comments.  At times, we may offer users the opportunity to submit, post, display, transmit and/or to exchange information, ideas, tips, advice, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or to others (collectively, “Postings”).  Postings do not necessarily reflect the views of JOOTS, Inc. and JOOTS, Inc. has no obligation to monitor, edit, or review such Site Postings.  JOOTS, Inc. is not responsible or liable for Postings—not for their content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, threat, or inaccuracy that may be deemed to be contained within such Site Postings.  Users are strictly prohibited from posting or transmitting material that is considered to be unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane or that could constitute or encourage behavior that could lead to a criminal offense, could give rise to civil liability, or might otherwise violate the law.  JOOTS, Inc. cooperates, in full, with law enforcement and judicial authorities who request or order us to divulge the identities of any parties who attempt to post or who succeed in posting any such data.  When using the JOOTS talk forum and chat rooms, kindly bear in mind that, in general, any information posted to message boards, chat rooms, blogs and all other such electronic meeting places, becomes non-proprietary and non-confidential.   Because others in the public arena are able to view all information and content you provide, you are urged to use caution when submitting your Postings.  Due to the potentially public nature of the Postings, individuals under the age of 18 may not provide any information that could identify the originator’s identity.   In accordance with the law and with our Privacy Policy, individuals under the age of 13 may not participate in our Postings without first submitting to JOOTS prior written notice from his or her parent or guardian.

 

15. Submissions

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

It is strictly prohibited to link to third party websites without JOOTS, Inc.’s expressed prior written permission.  JOOTS, Inc. has no responsibility and assumes no liability for the unaffiliated sites to which it may be linked, including but not limited to the content or web pages or other products, services or materials on any other website that is linked to or posted to the Site by anyone other than JOOTS, Inc. representatives.  With expressed prior written permission, we may allow some links to be established from time to time, but no link is ever an endorsement by JOOTS, Inc., of the referenced content, product, service or supplier.  We may, in our sole discretion, request that allowed links to the Site be discontinued and, when requested, you must immediately remove such a link.  Because privacy policies of linked websites may differ from those of JOOTS, Inc., you should always review those of any third party link’s website as you would, no longer, be governed by JOOTS, Inc.’s Privacy Policy.

 

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)

The Site is presented “as is”.   No representations or warranties are offered, expressly or implied, in conjunction with these Terms of Use or the Site, including but not limited to any guarantees of a product’s market worthiness or value, a product’s absolute uniqueness or the fitness of a product for any particular purpose, except to the extent that such representations and warranties are not legally excludable.

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.

Users visit and use this Site at their own risk.  You agree that you are personally responsible for your use of this Site and for all your communications and activities on this Site.  We reserve the right at any time, with or without prior notice, to deny your access to this Site or to any part thereof.  If we conclude, in our sole discretion, that a user has engaged in any prohibited activity, was not respectful of other users, or has otherwise violated the Terms of Use, we may deny that user access to the Site on a temporary or permanent basis; any such decision is final.

 

19. Disputes

Regarding any eventual disputes related to the Site, all rights and obligations and all actions contemplated by these Terms of Use are governed by the laws of the State of Florida, as if the Terms of Use were a contract wholly entered into and wholly performed within Florida.

 

20. General

When you access or use the Site, you acknowledge and agree to these Terms of Use which include our Privacy Policy.   You understand that the Terms of Use and Privacy Policy constitute the complete, exclusive agreement between us regarding your use of the Site, and that these Terms of Use and Privacy Policy, together, supersede and govern any other prior proposals, agreements, or other communications, written or otherwise that you may have or believe to have with JOOTS, Inc.

We reserve the right, in our sole discretion, with or without prior notice, to amend or modify any of the Terms of Use by posting the changes on the Site.  As soon as posted, such adjustments are immediately effective.  By continuing to use the Site following such postings, you are agreeing to the amended Terms of Use.

These Terms of Use, which may be amended from time to time, constitutes the entire agreement between you and JOOTS, Inc. regarding your use of this Site and supersedes any other agreements or understandings, arrangements, undertakings or proposals, written or oral, between you and JOOTS, Inc. in relation to such matters.  Should other rules, codes of conduct, or any other matters related to this Site conflict with any of the designations of these Terms of Use, the Terms of Use shall govern.  No oral explanation or information furnished by any party shall alter the Terms of Use.  You affirm that, in agreeing to accept these Terms of Use, you have not relied on any representation or interpretation other than what is expressly represented in the Terms of Use.

If you have any questions or comments regarding our Terms of Use, please contact us at info@JOOTS-usa.com.

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