TERMS AND CONDITIONS OF USE
Foot Cardigan, LLC (“Foot Cardigan”) owns and operates the Internet site located at www.FootCardigan.com (the "Website"). As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using this Website. The terms “Foot Cardigan”, “we”, “us” and “our” refer to Foot Cardigan, LLC and its related or affiliated companies.
By accessing, browsing, using, and/or downloading the pages in this Website or making a purchase through the Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse, or otherwise use this Website.
Foot Cardigan reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates (“Modifications”). Such Modifications will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. Your use of this Website following any such Modification constitutes your agreement to follow and be bound by this Agreement as modified.
This Agreement applies to all users of the Website. As a user, you represent and warrant that you either have reached the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of thirteen (13), and while this Website may sell products intended for children, the Website itself is not intended for use or viewing by children under thirteen (13).
1. GRANT AND RESTRICTIONS ON USE
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively “Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Foot Cardigan. Except as expressly provided in this Agreement, no licence to use, copy, distribute, republish, transmit, or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to Foot Cardigan.
2. ACCOUNT, PURCHASES, SUBSCRIPTIONS, AND CANCELLATION
Purchases: There are three types of purchases you can make through the Website (“Purchase”): (1) a one-time purchase of a particular pair of socks (“Single Purchase”); (2) a subscription for you or a person designated by you, to receive a specified number of pairs of socks per month for a specified number of months (“Pay Once Subscription”); and (3) a subscription for you, or a person designated by you, to receive a specified number of pairs of socks per month until you cancel the subscription (“Pay Monthly Subscription”). For Single Purchases, you select the socks you will receive. For Pay Once Subscriptions and Pay Monthly Subscriptions, the socks you receive will be selected by us in our sole discretion. When making a Purchase, you can have the socks sent to you or designate a person other than yourself to receive the socks (“Designated Recipient”).
Pay Once Subscriptions: If you purchase a Pay Once Subscription, you pay for all of the socks that will be delivered during the specified duration of the Pay Once Subscription at the time of purchase.
Pay Monthly Subscriptions: If you purchase a Continuous Subscription, you will be charged (“Initial Payment”) the amount displayed at the time of checkout for the first order of socks in the Pay Monthly Subscription (“Subscription Cost”). Thereafter, your Credit Card will be charged the Subscription Cost every month until you cancel the Pay Monthly Subscription as set forth below (“Renewal Payment”). The Renewal Payment will be charged to your Credit Card the same day of the month as the Initial Payment was made for every month during the Pay Monthly Subscription (“Renewal Payment Day”). For months with less than 31 days, if the Initial Payment was on the 29th, 30th, or 31st day of the month, the Renewal Payment will be moved up to the last day of that month. By way of example, if the Initial Payment is charged on January 31st, the next Renewal Payment would be charged on February 28th (“Adjusted Renewal Payment”). If at any time the Pay Monthly Subscription Renewal Payment cannot be charged to your Credit Card because your Credit Card has expired, is suspended, or other reason related to your Credit Card or Credit Card provider, Foot Cardigan reserves the right in its sole discretion to terminate or suspend your Pay Monthly Subscription or to charge your Credit Card later for the previous Renewal Payments which could not be charged once the issues with your Credit Card have been resolved or you have submitted a new valid Credit Card. If the Renewal Payment cannot be charged to your Credit Card due to a technical issue or error by Foot Cardigan, Foot Cardigan’s payment processor, or other reason outside the control of Foot Cardigan, Foot Cardigan may charge your Credit Card later for the previous Renewal Payment which could not be charged during the relevant month.
Cancellation of Pay Monthly Subscriptions: In order to cancel a Pay Monthly Subscription and no longer make a Renewal Payment (“Cancel”), you must notify Foot Cardigan via email at [email protected] that you want to cancel your Pay Monthly Subscription (“Email Cancellation”). In order to be effective, an Email Cancellation must include the order number for the Pay Monthly Subscription, name of the person paying for the subscription, name of the person receiving the subscription, and the address where the socks for the Pay Monthly Subscription are sent. Email Cancellation will be effective the following month so long as the Cancellation is received by Foot Cardigan by 11:59:59pm CST two days prior to the Renewal Payment or adjusted Renewal Payment date as the case may be (“Cancellation Deadline”). If Cancellation is not received by Foot Cardigan by the Cancellation Deadline, then Cancellation will be effective the following month. By way of example, if the Renewal Payment Day is the 15th of the month and Cancellation is received by Foot Cardigan on March 12th at 11:49pm CST, there would be no further Renewal Payments charged. However, if the Cancellation was received on March 13th at 12:01am, Cancellation would be effective the following month and the last Renewal Payment would be charged on March 15th.
Account: To purchase a Single Purchase or Pay Once Subscription, you can either check out as a guest or set up an account on the Website (“Account”). In order to purchase a Pay Monthly Subscription, you must create an account (“Account”). When creating an Account, you must provide all required information including your name, email address, a password, physical address, and credit card information for a valid credit card owned by you which will be used to make your Purchase (“Credit Card”). Only one (1) Account is permitted per email address. The information provided must be accurate and complete. The Account set up process will be complete once your Credit Card is successfully charged for your first Purchase. Customers who have purchased a Pay Monthly Subscription can change Account information, including the Credit Card associated with your Account at any time by clicking on the “Update” link in the Confirmation Email. If you change the Credit Card associated with your Account, it will change the Credit Card for all Pay Monthly Subscriptions associated with your Account.
3. RETURNS AND REFUNDS
Returns: We will replace any socks that are damaged during shipping or are otherwise defective at arrival (“Defective Socks”). The fact that you may not like how a particular pair of socks looks does not constitute a defect and is not a basis for replacement. We will also replace socks that do not fit (“Non-Fitting Socks”). In order to be replaced, Defective Socks must be unworn and Non-Fitting Socks may only have been worn once and may not show signs of multiple use and be returned within 45 days of the purchase date. We will attempt to replace Defective Socks with the same socks, but reserve the right to replace them with different socks at our sole discretion. For children’s Non-Fitting Socks, we will attempt to replace them with the same sock in a different size, but reserve the right to replace them with different socks at our sole discretion. For men’s and women’s Non-Fitting Houdini (“No-Show”) Socks, we will attempt to replace them with the same sock in a different size, but reserve the right to replace them with different socks at our sole discretion. For all other styles of adult socks, as there is only one size, we will replace them with different socks. To Return Defective Socks or Non-Fitting Socks and have them replaced, send us an email at [email protected] explaining why the sock is non-fitting or defective, and if defective, include a photo of the defect, and we will send you a replacement.
Refunds: We will refund the cost of any Single Purchase, Pay Once Subscription, or initial payment of a Pay Monthly Subscription made in error, as long as we haven’t already shipped your socks before receiving your refund request. To request a refund you must send an email to [email protected] (“Refund Request”) containing the order #, your name, email address and the type of Purchase that you want to cancel (“Required Refund Information”). If we receive the Refund Request before the socks for the relevant Purchase have shipped, we will issue a refund to your Credit Card for the amount of the Purchase. If we’ve already shipped the socks for a Pay Once Subscription, we’ll cancel any future socks for that Pay Once Subscription and refund the cost of the socks in the remaining months of the Pay Once Subscription, but will not refund the cost of the socks that have already shipped.
For purchasers of Pay Once Subscriptions, you may send a Refund Request up to 90 days after the original Purchase date (“Refund Request Deadline”) and we will cancel your Pay Once Subscription and issue a refund to your Credit Card for the amount paid for the remaining months. Refund Requests received after the Refund Request Deadline will not result in a refund.
4. ACCEPTABLE USE
You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card (except to make a Purchase), bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited from: (i) using the Website to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting User Submissions or using the Website in such a way that damages the image or rights of Foot Cardigan, other users or third parties; (ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.
5. ACCESS AND ACCOUNT TERMINATION
Foot Cardigan reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user's access to its Website, at any time in its sole discretion, with or without cause and without notice to you.
6. ACCESS TO SITE
While Foot Cardigan endeavors to ensure that this Website is available at all times, Foot Cardigan will not be liable if, for any reason, this Website is unavailable at any time or for any period.
THE MATERIALS, INFORMATION, AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES, OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOT CARDIGAN DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FOOT CARDIGAN DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOT CARDIGAN , ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF FOOT CARDIGAN EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.
9. DISPUTE RESOLUTION, ARBITRATION, GOVERNING LAW AND JURISDICTION
Dispute Resolution Generally: By using, making a purchase through, or otherwise interacting with this Website, you agree to that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Website, or any goods or services purchased through the Website, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of- pocket costs incurred, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
Arbitration:Any controversy or claim arising out of your use of the Website and/or any purchase made through the Website shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Foot Cardigan will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Foot Cardigan shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT DOWNLOAD AND/OR USE THIS APP IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
BY USING, MAKING A PURCHASE THROUGH OR OTHERWISE INTERACTING WITH THE WEBSITE, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Governing Law & Jurisdiction: All disputes in connection with Website and any purchases made through the Website, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the State of Texas in the state or federal courts in Dallas County, Texas and you consent to the exclusive jurisdiction of such courts.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
11. THIRD PARTY LINKS
The Website may contain links to third party websites that are not owned or controlled by Foot Cardigan. Foot Cardigan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Foot Cardigan will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Foot Cardigan from any and all liability arising from your use of any third-party website.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.