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Terms and Conditions

These Terms and Conditions were last modified on December 6, 2018.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1 Definitions.

References to “Dispute” mean any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any terms contemplated by the Terms.

References to the “Learning Platform” mean the educational platform containing videos, trainings, tools, blog posts, and tips linked to or otherwise made available through the Web site, including but not limited to the Teachable platform, available at https://education.feet-ness.com.

References to a “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.

References to the “FEET-NESS Membership” mean the membership are with material constituted by videos, guides and other educational and training material available on the website with a monthly, quarterly or yearly membership plan.

References to a “Member” mean a registered User of the Learning Platform who has purchased a Feet-Ness course (or courses) and a registered User of the FEET-NESS Membership (Monthly, Quarterly or Yearly plan)

References to the “Terms” and/or “Agreement,” mean this, these Terms and Conditions, as set forth herein.

References to “us,” “we,” “our,” and/or “Feet-Ness,” mean IC Movement, LLC, d/b/a High Heel Rescue d/b/a Feet-Ness and its parents, subsidiaries, and assigns.

References to the “Web site” mean the Web site bearing the URL www.feet-ness.com and https://education.feet-ness.com and as well as any other Web sites owned and/or operated by us under the Feet-Ness brand.

References to “you,” and/or “User” mean a general user of the Web site and/or the Learning Platform, whether as a registered Member, email list subscriber, subscriber to our Facebook group, or general Web site user.

1.2. Agreement to be Bound.

The following Terms and Conditions, together with the relevant information set out on the Web site and the Learning Platform, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials, are subject to the Terms and Conditions set forth below. Please read them carefully as any of use of the Web site and/or the Learning Platform constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Web site or the Learning Platform, and, upon registration therefor, by clicking that you agree to these Terms, you represent that you are at least eighteen (18) years old, have read and understand the Terms and Conditions, and that you agree to be bound by these Terms and Conditions as set forth below.

To the extent there is a discrepancy between these Terms and Conditions and the terms and conditions provided by the Learning Platform, these Terms and Conditions shall control as to the subject matter of such discrepancy.

SECTION II: GENERAL PROVISIONS

2.1. Success Not Guaranteed; No Medical Advice.

Members agree and acknowledge that, due to the nature of the industry in which Members seek training, success, and improvement in well-being, health, or fitness is not guaranteed. We are not certified medical practitioners and do not hold ourselves out to be. As such, the information provided via the Web site and the Learning Platform is provided with the understanding that Feet-Ness, well as any affiliates, officers, directors, vendors, and other entities, are not rendering any medical advice nor should the information be used as a substitute for such medical advice. In the event testimonials are provided, such information is anecdotal and passed on to Feet-Ness concerning the results achieved by the individual sharing the information. Feet-Ness has performed no independent verification of the statements made by those individuals. Such information, if provided, is provided for exemplar purposes only. In short, past performance and testimonials are not to be construed as an indication, promise, or projection.

2.2. Reliance on Training at Member’s Own Risk.

The training made available via the Learning Platform is intended as a self-help, motivation, personal-improvement, and informational tool. It is not intended to be a replacement for the advice of a certified medical practitioner. Training should not be relied upon or used as the sole basis for making decisions regarding fitness, health, or medicine without consulting primary, more accurate, more complete or more timely sources of information. Furthermore, such information should not be used to diagnose, prescribe, or treat any disease, illness, injury, ailment or other medical condition Member is responsible for his or her own due diligence and relies on any training at his or her own risk.

2.3. Errors in Web site or the Learning Platform.

We do not warrant that any errors in the Web site and/or the Learning Platform will be corrected.

2.4. Modifications and Changes to Terms and Conditions.

We may modify, add to, suspend or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site and the Learning Platform. We may additionally attempt to notify you of such changes by contacting you at the email you provided upon registration of an Account or subscription to our newsletter. Your use of the Web site and/or the Learning Platform after modification, addition or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.

2.5. Modifications and Changes to the Web Site or the Learning Platform.

We may modify, add to, suspend, or delete any aspect of the Web site and/or the Learning Platform offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.6. Access to Web site and the Learning Platform.

Though we try to make the Web site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site will be at all times available. Be advised that the Learning Platform is provided via a third-party over whom we have no control; therefore, we do not and cannot warrant that the Learning Platform will be at all times available.

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site or the Learning Platform.

2.7. Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Web site and/or the Learning Platform for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a Member Account (as defined below) for any reason whatsoever, including but not limited to a breach or violation by the Member of any of the terms or provisions of the Terms and Conditions or any published Feet-Ness policy or procedure; a discredit of Feet-Ness by a User; misrepresentation of Feet-Ness by making claims contrary to Feet-Ness literature; ethical or legal violations that may cause Feet-Ness to suffer damages; or any other reason whatsoever, in the sole discretion of Feet-Ness.

In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. In the event we terminate your Account, you shall no longer be eligible to be a Feet-Ness Member at any time in the future, unless permission is granted to you, in writing, by us, in our sole and exclusive discretion.

In addition, although the Web site and the Learning Platform are intended to be accessible worldwide, the Web site may not be available to all persons in all geographic locations or jurisdictions. Feet-Ness reserves the right to limit the availability of the Web site and/or the Learning Platform to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made via the Web site or the Learning Platform is void where prohibited by law.

2.8. Prohibited Uses of Web site and the Learning Platform.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site or the Learning Platform: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site and/or the Learning Platform; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site or the Learning Platform; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site or the Learning Platform. We reserve the right to terminate your use of the Web site and/or the Learning Platform for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

SECTION III: MEMBERSHIP

3.1. Online Accounts, Generally.

Users wishing to register as Members shall be given the opportunity to do so via an online registration form to create a Member account, (your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Learning Platform. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you will be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms and Conditions. Members agree further and acknowledge that any Account profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them. Members shall not create more than one (1) Account and shall not share an Account with any other User.

3.2. Transfer Prohibited.

You agree you shall not sell, trade or transfer that Account to any other person or entity except as provided for herein.

3.3. Account Types.

Use of the Web site is generally free, however, Members wishing to access the premium features of the Learning Platform shall be required to pay a fee as set forth on the Web site at all times, including at the time of purchase, and which may be subject to change in our sole and exclusive discretion, without notice.

3.4. Right to Monitor.

We shall have the right to monitor your Account in our sole and exclusive discretion.

3.5. Account Security.

For security purposes, we strongly advise you to keep your Account ID and password confidential and to change your Password if you think it may have been compromised. You are entirely responsible for maintaining the secrecy of this information. In addition, we recommend that you quit your entire browser application when you have completed your time on the Learning Platform. This is particularly important when you are using the Learning Platform at a public location, such as an Internet café, library, or workplace or on a public device. You agree to immediately notify Feet-Ness in the event of any security breach or unauthorized use of your Account ID, password, or any or all of your registration information. So that you can take advantage of the latest security technology, we recommend that you use the most recent version of your browser.

3.6. Termination.

You can cancel your subscription at any time and you will no longer be charged any future payments. There will be no partial (or prorated) refunds on monthly, 3 month or annual payments. Cancellations will be effective on the last day of your billing cycle. If you decide to join the FEET-NESS Membership Program again at a later time, you will be charged the current membership rate, regardless of any special offers or discounts you received in the past.

3.7. Membership Refund Policy.

We have a no refund policy due to the nature of our product and how it is delivered. There are no partial month refunds, partial refunds on 3 month or annual payments, or refunds of any kind on any other digital products.

SECTION IV: TRAINING FEES, PRODUCT SALES; TERMS OF SALE

4.1. Training Fees.

Members wishing to subscribe to our premium services must pay a Training Fee in the amount set forth on the Web site at the time of purchase. We may increase these Training Fees from time to time, in our sole and exclusive discretion, where such changes shall take effect upon the next Billing Cycle (as defined in Section 4.4.) All Training Fees are expressed in U.S. Dollars ($USD.)

4.2. Form of Payment for Online Training Fees

Payment shall be made automatically via the Learning Platform by automatic debit of the major credit or debit card provided by Member upon Account registration or as later updated by Member.

4.3. Cancellation

Orders placed prior to July 1, 2017, may be cancelled by writing to us at info@feet-ness.com for store credit. Orders placed after July 1, 2017, shall be immediately put in line for shipment and, therefore, cannot be cancelled prior to shipment.

4.4. Sale Prices for Products

 The prices and the terms of payment for Products are displayed at all times on the Web site, including at the point of purchase. The prices quoted on the Web site for the Products do not include shipping and handling, unless indicated otherwise, or sales taxes, if applicable, which will be added to the final purchase price after the purchaser enters his or her details. Purchasers are responsible for the payment of any shipping and handling charges, unless indicated otherwise, as well as local VAT and/or other taxes that may apply to an order.

4.5. Payment Method 

Purchases for Products and Training Fee may be made using a variety of payment methods as set out at the time of checkout and shall be processed immediately.

4.6. Refunds, Exchanges.

Except where prohibited by law, all sales are final and no refunds shall be granted for any reason whatsoever.

4.7. Shipping & Handling for Product

At the time of purchase, you may select your preferred shipping method. Please note that we do not provide tracked shipping or gift shipping for international orders. In all events, including exchanges, undeliverable shipments, refused shipments, and order cancellations, shipping fees shall not be refundable.

Free Shipping is offered only in US for orders below $600

4.8. Delivery

All Products shall be delivered pursuant to the timetable of the carrier and shipping method you choose upon checkout but no later than one hundred eighty (180) calendar days from the date of purchase.

4.9 Exchange

Should a purchaser of a Product wish to exchange an order, he or she should notify us within fourteen (14) days of receipt thereof. Exchanges will only be accepted for defective or damaged, unused and unopened Products. We only replace items if they are defective or damaged upon receiving the Products. If an exchange is approved, the exchange may take up to fourteen (14) days to process after our receipt of the Products to be exchanged. You shall be responsible for the reshipment of exchanged Products from us to the User though we will provide you with a pre-paid return shipping label for the return of the item to us for exchange. Should you choose to use your own shipping company for any exchange and/or return, we do not guarantee receipt of a returned item and encourage you to use a shipment tracking service. Should you wish to exchange any order you may do so by contacting us at info@feet-ness.com with “Exchange Order” in the subject line, and a brief message detailing the order you wish to exchange.

 4.10 Gift Policy

In the event that you receive a Product as a gift and wish to return it please know that you will not be eligible for a cash refund and will receive store credit only. In the instance of gifts, you may return the gift within fourteen (14) calendar days for receipt of the purchase price of the Product in the form of store credit, valid for twelve (12) months from the date of return. You acknowledge that you will be solely responsible for paying for your own shipping costs for any and all gift returns, excepting exchanges for defective products, regardless of the reason therefore. No refunds or credits shall be granted for such shipping charges. Should you choose to use your own shipping company for any gift return, we do not guarantee receipt of a returned item and encourage you to use a shipment tracking service. Should you wish to return any gift order you may do so by contacting us at info@feet-ness.com with “Gift Return” in the subject line, and a brief message detailing the order you wish to return.

 4.11 Right of Refusal, Limitation, Change and Discontinuation.

 

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit the available quantities of Products designed, sold, distributed and/or otherwise made available by us for any reason at any time in our sole and exclusive discretion.

 We reserve the right to discontinue the sale and/or provision of any and all Products and Software designed, sold, distributed and/or otherwise made available by us for any reason at any time in our sole and exclusive discretion.

 Any offer for the sale of any and all Products designed, sold, distributed and/or otherwise made available by us is void where prohibited.

 

SECTION V: INTERACTIVE AREAS; SUBMISSIONS

5.1. Account Guidelines.

The Web site, Learning Platform, and our Facebook group, together with other private and/or Member-only mediums may contain the ability to communicate with other members, share via social media, participate in any comments sections and discussion forums, social media outlets, sales channels, and/or other interactive features, (collectively “Interactive Areas,”) in which Users may communicate. By participating in Interactive Areas, you agree and acknowledge that you:

Shall not upload, distribute or otherwise publish to the Interactive Area any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and

Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam”; and

Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to the Interactive Area and Member Account, if applicable; and

Shall not personally attack another Users. Personal attacks are a direct violation of these Terms and Conditions and are grounds for immediate and permanent suspension of access the Interactive Area and Member Account, if applicable; and

Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except as envisioned by the express purpose of the Interactive Area; and

Shall not upload, post or otherwise transmit any content that violates any local, state, provincial, territorial, national or international law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and

Shall not post unauthorized commercial communications (such as spam); and

Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and

Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and

Shall not impersonate any person or entity, including, but not limited to, any of our employees, contractors, or vendors, or falsely state or otherwise misrepresent your affiliation with any person or entity; and

Shall not interfere with any other Users’ right to privacy, including by harvesting or collecting personally-identifiable information about other Users or distributing private information about another Users or any third party; and

Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and

Shall not upload, post or otherwise transmit any “chain letters”; and

Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus, malicious code or other harmful, damaging, interfering, injuring or disruptive component; and

Shall not post false or misleading indications of origin or statements of fact; and

Shall not upload, post or otherwise transmit any content, software or other materials which restrict or inhibit any other User from using and enjoying any Interactive Area; and

Shall not interfere with or disrupt any Interactive Area or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to any Interactive Area; and

Shall not violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, right of privacy, moral rights, right of publicity or any other proprietary right; and

Shall not facilitate or encourage any violations of these Terms and Conditions or our policies.

5.2. Rights in Submissions.

Should you submit, display, publish or otherwise post any content to an Interactive Area, (a “Submission,”) you agree to grant to us and our partners and affiliates a perpetual, irrevocable, transferable limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publish, edit, perform, publicly perform, publicly display, reproduce, and distribute such Submission in any and all forms, media, and technologies now known or hereinafter developed, alone or as part of other works, for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or any third party. You acknowledge that Submissions are not confidential, and your communications may be read or intercepted by others. You acknowledge that by submitting Submissions to Feet-Ness, no confidential, fiduciary, contractually implied, or other relationship is created between you and Feet-Ness other than pursuant to this Agreement.

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.


5.3. No Responsibility for Submissions.

Feet-Ness is not liable for Submissions provided by any Users or third parties. Such Submissions do not represent the views of Feet-Ness, its subsidiaries, or its partners.

5.4. Member Communications.

Feet-Ness does not screen communications in advance and is not responsible for screening or monitoring material and content posted by Users to Interactive Areas. If a User notifies Feet-Ness of communications, which allegedly do not conform to these Terms, Feet-Ness may investigate the allegation to determine, in good faith and its sole discretion, whether to remove or to request the removal of the communication. Feet-Ness has no liability or responsibility to users for performance or nonperformance of such activities.

SECTION VI: INTELLECTUAL PROPERTY; PRIVACY

6.1. Intellectual Property Rights Not Waived.

This is an Agreement for access to and use of the Web site and the Learning Platform, and you are not granted a license to any software or intellectual property by these Terms and Conditions aside from the limited right to use the Learning Platform. The Web site and the Learning Platform are protected by U.S. and, where applicable, international intellectual property laws. The Web site and the Learning Platform belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Web site and the Learning Platform.

Furthermore, all material displayed or transmitted on this Web site and the Learning Platform, including but not limited to text, logos, icons, the HTML-based computer programs used to generate the Web site, datasets, blog posts, articles, photographs, images, illustrations, video clips, audio clips, and graphics, (“Materials,”) are owned by us and/or our licensors and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. You may not register any domain names that may confuse or contain any portion of the Feet-Ness trade names or marks.

You may make a single print copy of any Materials provided by us on the Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on the Web site or Learning Platform without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to info@feet-ness.com
Feet-Ness makes no claims that the Materials are appropriate or may be downloaded outside the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, including those relating to privacy.
You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Web site in accordance with these Terms and Conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.
Any software that is made available for downloading from the Web site or the Learning Platform, (“Software,”) or any affiliate and/or partner Web site is protected by U.S. copyright and may be protected by other rights. The use of such Software is governed by the terms of the software End-User License Agreement or designated “Legal Notice,” as may be in force.

6.2. Feedback.

You may have the opportunity to provide reviews, testimonials, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.

In the event you provide a testimonial, you hereby assign, transfer and grant to Feet-Ness, its successors, assignees, licensees, sponsors, any television networks, and all other commercial exhibitors the exclusive, irrevocable right and license to utilize such testimonial and providing User’s name, photograph, likeness, and occupation, in advertising and promoting Feet-Ness and in all media for social media, advertising, trade, and any other lawful purposes. You understand that neither Feet-Ness nor any third party is under any obligation to exercise any of the foregoing rights, licenses and privileges. You waive any right to inspect or approve any materials related thereto or to claim any royalty therefor.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User’s personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Feet-Ness or its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of you or Idea or any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you or any claim by you of interest in any patents, trademarks, copyrights, moral rights, or trade secrets which may arise from such Idea or any ideas similar to your Ideas.

6.3. Confidential Information of Users.

Users may obtain personal information from another User as a result of their use of the Web site and/or the Learning Platform. Without obtaining prior permission from the User, this personal information shall only be used for the express purpose for which it is provided or for Feet-Ness-related communications and shall be held in strict confidence in accordance with our Privacy Policy. We have not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any contact, Member or other User to your email or physical mail list. For more information, see our Privacy Policy.

SECTION VII: THIRD PARTY ADVERTISEMENTS, PROMOTIONS, AND LINKS

7.1. Third Party Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from third parties on the Web site and/or the Learning Platform. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Web site or the Learning Platform.

7.2. Use of Third Party Tools.

We may provide you with access to third party tools over which we do not monitor and/or have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the Web site and/or the Learning Platform is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the Web site and/or the Learning Platform, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms and Conditions.

7.3. Third Party Links.

Certain content, products and services available via our Web site and the Learning Platform may include materials from third parties.

Third party links on the Web site may direct you to third party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any information contained on a third-party Web site or service, and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites and/or services, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party with whom you connect via the Web site and/or the Learning Platform. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party transactions should be directed to the third party.

SECTION VIII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

8.1. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

(A) YOU AGREE THAT USE OF THE WEB SITE AND/OR THE LEARNING PLATFORM IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE USE OF THE WEB SITE OR THE SERVICE PROVIDER SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE AND/OR THE LEARNING PLATFORM OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.

(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.

(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE AND THE LEARNING PLATFORM ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE AND/OR LEARING PLATFORM.

(D) IN NO EVENT SHALL WE, OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, EXEMPLARY REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE AND/OR THE LEARNING PLATFORM, AND/OR ANY INTERACTIONS WITH ANOTHER USER.

(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE WEB SITE AND/OR THE LEARNING PLATFORM YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE WEB SITE OR THE LEARNING PLATFORM.
(F) FEET-NESS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FEET-NESS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00.)
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

The above limitations shall survive these Terms and be for the benefit of us and our affiliates and respective directors, officers, employees, contractors, parents, subsidiaries, agents, Third party content providers and licensors.

8.2. INDEMNIFICATION.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEB SITE AND/OR THE LEARNING PLATFORM; (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THIS AGREEMENT; (C) YOUR USE OF THIRD PARTY SERVICES, PRODUCTS, LINKS, ADVERTISEMENTS, AND/OR TOOLS; (D) YOUR VIOLATIONS OF ANY THIRD PARTY RIGHTS, INCLUDING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR (E) THE UNAUTHORIZED USE OF THE WEB SITE AND/OR THE LEARNING PLATFORM BY ANY OTHER PERSON USING YOUR INFORMATION. Feet-Ness shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding.

SECTION IX: GOVERNING LAW; ARBITRATION

9.1. Governing Law.

These Terms shall be governed and construed in accordance with the laws of the state of New York without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York County, New York, and any cause of action that relates to or arises from these Terms, Web site and/or the Learning Platform must be filed therein unless subject to the binding arbitration provisions of Section 9.2, infra.

9.2. Arbitration.

The Parties agree that any dispute concerning, relating, or referring to these Terms, Web site, and/or the Learning Platform shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of New York and shall be brought for arbitration in New York County, New York, pursuant to the Rules of the American Arbitration Association. The arbitrator and not any local, federal, state, territorial, provincial or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction. Either or both Parties may initiate the arbitration proceedings, and both shall share the expenses and fees of the arbitration equally.

SECTION X: MISCELLANEOUS

10.1. Customer Service.

Should you have any questions, comments or concerns regarding the Web site or Learning Platform, customer service may be contacted at any time via email at info@feet-ness.com. We strive to return all customer service inquires within forty-eight (48) business hours.

10.2. Affiliate Disclosure.

We may have an affiliate relationship with third parties and affiliates to whose products and/or services we link and promote. Because of this relationship we may earn a commission on products purchased by you from a third party affiliate.

10.3. Authority.

Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.

10.4. Waiver.

Any waiver of a right under these Terms and Conditions shall only be effective if agreed or declared in writing. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

10.5. Force Majeure.

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible without undue delay.

10.6. Assignment.

We shall have the right to assign and/or transfer these Terms and Conditions and our rights and obligations hereunder to any third party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer your rights or sub-contract or delegate the performance of any of your obligations under these Terms and Conditions without our prior written consent in our sole and exclusive discretion or as provided for herein.

10.7. Rights of Third Parties.

These Terms do not give any right to any third party unless explicitly stated herein.

10.8. Relationship of the Parties.

The Parties are independent contractors under these Terms, and nothing herein shall be construed to create an employment agreement, partnership, joint venture, franchise relationship or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.

10.9. Severability.

If any of the sections of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that section shall be deemed severable and shall not affect the validity and enforceability of any remaining section.

10.10. Notices.

Except as explicitly stated otherwise, any notices shall be given to Feet-Ness by postal mail to IC Movement, LLC, d/b/a High Heel Rescue d/b/a Feet-Ness, a New York limited liability company with a principal place of business located at 424 West End Avenue, 11A, New York, New York 10024. Notice to a User shall be given to the email address you provide to us upon registration and/or subscription to our newsletter. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) days after the date of mailing.

10.11. Entire Agreement.

This Agreement constitutes the entire Agreement between the Parties as to the subject matter hereof, and no other representations or promises of any kind shall be binding between the same.