Website Terms, Conditions and Notices
Website Terms, Conditions and Notices

Overview:

The following terms, conditions and notices are applicable to all visitors to or users of the Foot Petals Web Site, the home page of which is viewable at http://www.footpetals.com. By using this Web site, you agree to be bound by all terms and conditions set forth herein. If you do not agree to all of the terms and conditions herein, DO NOT access or use the Foot Petals Web Site. These terms and conditions may be modified by Foot Petals LLC at any time and posted on this Web site. In the event of a violation of these terms and conditions, Foot Petals LLC (hereinafter, Foot Petals) reserves the right to seek all remedies available by law and in the equity.

The Web Site is provided by Foot Petals and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use this Web Site.

Limited License:

The Foot Petals Web Site and all of its works, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Works”) are protected by copyright laws and other U.S. and international laws and treaties, with all rights reserved. All Works are provided by Foot Petals as a service to its current and prospective customers and may be used (1) for personal, informational and product ordering purposes only and (2) where the user has maintained or retained all copyright and other proprietary notices contained on the Works. No right, title or interest in Foot Petals’ Works is conveyed to the user. This is a limited, non-exclusive, non-transferable, revocable license to access the Web Site and use the Works, not a transfer of title to the Works, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of the Works without the express prior written consent of Foot Petals; (b) you may not access or use the Foot Petals Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of the Works. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Works without the express prior written consent of Foot Petals is strictly prohibited. Foot Petals may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Foot Petals.

Trademarks:

Foot Petals and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Foot Petals LLC or its affiliate companies, and are protected by U.S. and/or international laws and treaties. No license to the use of such marks, names or trade dress is granted to any user under these terms and conditions or by use of the Foot Petals Web Site. Any misuse of the trademarks displayed on the Foot Petals Web Site is strictly prohibited.

Be advised that Foot Petals will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution. This applies to all misuses of its trademarks and trade names in metatags and/or hidden text. The use of Foot Petals’ trademarks or trade names in metatag keywords is trademark infringement, and the use of trademarks or trade names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Foot Petals web page is prohibited absent express written permission from Foot Petals. Framing, inline linking or other association of the Foot Petals Web Site or its Works with links, advertisements and/or other information not originating from the Foot Petals web site is expressly prohibited The use of any trademarks, trade names, or brand names of third parties is used either with permission and/or as a fair use of the marks, names or brands.

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources, operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Foot Petal Web Site. None of such links should be deemed to imply that Foot Petal endorses the Third Party Sites or any content therein.

Foot Petals does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Foot Petals will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Disclaimer of Warranty:

Access to Foot Petals Web Site is provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Foot Petals reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction:

Foot Petals controls this Web Site from its offices within the State of California. Foot Petals does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If the user accesses this Web Site from outside of the United States, he/she does so on his/her own initiative. The use is further responsible for compliance with any local laws. The terms of this Web Site shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions.

Communications to Foot Petals:

Foot Petals shall be free to use any ideas, concepts, know-how, or techniques contained in any communication sent to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information provided to Foot Petals through the Web Site shall be subject to the Web Site’s Privacy Policy.

Limitation of Liability:

IN NO EVENT WILL FOOT PETALS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OR REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT. EVEN IF FOOT PETALS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply.

Revisions:

Foot Petals may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any features of the site, at any time and without notice. Foot Petals also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Foot Petals may terminate the authorization, rights and license given above at any time and without notice. Any continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

Notice of Copyright Infringement:

Foot Petals does not permit copyright infringing activities on this Web site. Foot Petals may remove any content of any kind that a user posts to this Web site (hereinafter, “User Communications”), e.g., if properly informed that the User Communications infringe another’s copyright rights. Foot Petals may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.

If you a re a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify Foot Petals by providing the following information in writing:
(1)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2)Identification of the located where the original or an authorized copy of the copyrighted work exists;
(3)Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Foot Petals to locate the same;
(4)Information reasonably sufficient to permit Foot Petals to contact you, such as an address, telephone number, and, if available, an email address;
(5)A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6)A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

If you fail to comply with all of the requirements above, your notice may not be valid.

Address for Notices:
All correspondence regarding this Web Site or any Works relating thereto may be sent to:
Foot Petals
Attn: Webmaster
6615 E. Pacific Coast Highway, Suite 150
Long Beach, CA 90803

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