Terms & Conditions
By creating an account, purchasing Products or using the Services, you agree to be bound by these Terms and you represent and warrant that (a) you have read, understand, and agree to be bound by these Terms, (b) you are of legal age to form a binding contract with us, and (c) you have the authority to enter into the Terms. If you do not wish to be bound by these Terms, you may not access or use the Services or order or purchase any Products from us.
We reserve the right to make changes to these Terms, our Products and Services and our policies at any time. All changes will be effective upon posting.
In order to access certain features of our Services, you may be required to create an account (an “Account”) by providing your full name and email address and choosing a password.
When registering for an Account, using the Services, or making a purchase of Products, you represent and warrant that: (a) you are at least 18 years of age or the age of majority, where older under local law; (b) all information you provided during the ordering process is true and accurate; (c) you will not permit third parties to access your Account information; and (d) you are the cardholder of any credit or debit card you provide to us in connection with your use of our Services.
You may not share your login or password with any person or third party, authorize any person or third party to use such login or password, provide false information, or impersonate another person in their registration information. Failure to comply with the foregoing shall constitute a breach of these Terms. We reserve the right to refuse registration of‚ or cancel an Account in our discretion. You are responsible for all usage or activity on your Account and maintaining the confidentiality of your password. If you know or suspect any unauthorized use of your Account, notify us at firstname.lastname@example.org.
If you fail to keep your Account information current, complete and accurate, you acknowledge that we may not be able to contact you and accurately provide you with our Services and Products. You can update your information through the My Account page [hyperlink].
PURCHASING PRODUCTS FROM IMPOSSIBLE KICKS
1. Products, Pricing, Orders
The Products and the features, contents, specifications, availability and prices of the Products are subject to change at any time without notice. Our Services may contain pricing, typographical or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without notice. We attempt to show the colors of the Products on our Services as accurately as possible; however, we cannot guarantee that the color you see matches the actual product color. Products included on our Services may be unavailable and/or may have different attributes than those described on our Services.
You agree to follow all applicable local, state, federal and international laws in regard to your use of our Services and your possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be used only in a lawful manner. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order. Any payments you make to Impossible Kicks for orders that are cancelled by Impossible Kicks will be refunded.
When an order is placed, it will be shipped to the address designated by you as long as that shipping address is compliant with any applicable shipping restrictions (note that orders can only be shipped to addresses in the United States). For all purchases made on or through our Services, risk of loss and title for Products purchased on or through our Services pass from us to you upon delivery of the items to the carrier. You are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
3. Sales / Use Taxes
We may be required to collect sales or use tax for certain purchases. A purchase is not exempt merely because it is made over the Internet or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether we are subject to a tax collection obligation in that state or region. You may be responsible for any taxes not collected by us. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of the applicable taxing authority. The amount of any sales, excise or other taxes, if any, applicable to the Products shall be added to the purchase price and shall be paid by you unless you provide us with an exemption certificate acceptable to the taxing authorities.
4. Returns and Cancellations
Once orders are placed, they may not be cancelled by you. Within 30 days of purchase, we will accept for exchange or store credit. Items must be in new condition, unworn, unaltered, and free of damage. Item must be returned with all tags still attached and must be in the original packaging. Receipt for proof of purchase required. There are no cash refunds.
1. Acceptable Use
All materials that you submit through our Services, including your opinions, reviews, comments, questions, suggestions, artwork, photographs, links, videos and other materials (“User Content”) are your responsibility. This means that you are responsible for the User Content that you submit through our Services and not Impossible Kicks.
Impossible Kicks does not control User Content and does not guarantee the accuracy or quality of any User Content. We are not responsible for any User Content and will not be liable for any loss or damage caused by any User Content or your use of or reliance on it. By using our Services, you may be exposed to User Content that you find offensive, objectionable, illegal, harmful, inaccurate or deceptive. You may submit a complaint regarding User Content by emailing us at email@example.com. Please provide a URL and/or screenshot to identify the User Content at issue.
By submitting User Content through the Services, you agree:
- That your User Content (a) is accurate; (b) does not violate any applicable state, federal, or international law, regulation, or other governmental requirement and/or regulation or is for any illegal purpose or to support criminal activity; (c) does not infringe or misappropriate the intellectual property rights of others and that you have the right to submit such User Content to our Services for our use in accordance with these Terms; (d) does not impersonate another user or an Impossible Kicks employee; and (e) is not harassing, threatening, abusive, libelous, obscene, pornographic, hateful, unlawful or tortious, including material harmful to children or which violates third party privacy rights.
- That you waive all “moral rights” that you may have in your User Content (such as the right to be identified as the author of your User Content).
- That you will not post solicitations, such as direct marketing offers, charity requests, petitions for signatures, or any chain mail related materials.
We may in our sole, reasonable discretion determine whether a use of our Services is a violation of these Terms. To the extent we are aware of a violation of these Terms, we may take all actions that we deem appropriate to address the violation, including, without limitation, suspension or termination of your Account.
2. License to Impossible Kicks
Your User Content remains your intellectual property. By submitting User Content through our Services, you grant Impossible Kicks a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content, in whole or in part, throughout the world in any form or medium, whether now known or later developed. Note that your name and other identifiers you provided when posting User Content may be publicly available.
We reserve the right, but are not obligated to (except as required by applicable law), to report any illegal activity to any and all governmental authorities.
3. Intellectual Property Infringement Claims
Impossible Kicks may act as a “service provider” as defined in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. (the “DMCA”). We will respond as quickly as practicable to any claims that infringing material appears on our Services, including investigating any such claims and taking appropriate action under applicable laws. If we receive a notice of infringement in accordance with the DMCA, we will take steps to remove or disable access to the allegedly infringing material, including any links thereto, in accordance with the DMCA. We will terminate access for any user who is a repeat infringer. Notices of alleged infringement should be sent to our designated agent:
Impossible Kicks Holding Company LLC
1500 New Britain Ave, Space B205, West Hartford, CT 06110
In accordance with the DMCA, please provide the following with your notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed.
- Identify the material on our Services that you claim is infringing, with enough detail so that we may locate it on our Services.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
- Your address, telephone number, and email address.
- Your physical or electronic signature.
If we remove or disable access to any allegedly infringing material, we may attempt to contact the user who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the DMCA before we replace or restore access to the allegedly infringing material.
OWNERSHIP OF INTELLECTUAL PROPERTY
Other than User Content, all materials contained on our Services (including all photographs‚ images‚ text‚ graphics‚ audio clips, software‚ source code and other aspects thereof‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of our Services) are the copyrighted property of Impossible Kicks or our third-party licensors.
All trademarks, service marks and trade names, including, but not limited to, the Impossible Kicks marks, as well as the marks of our suppliers or other third parties, are proprietary to Impossible Kicks or the applicable owner of the mark and are protected by state, federal and international trademark laws.
No materials from our Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior express written permission. The content and information posted by us on our Services may be used by you only for informational, personal, or other purposes authorized by us. You may not reverse engineer, decompile, or disassemble our Services, or any other material or technology available in connection with our Services. You agree not to circumvent or attempt to circumvent any security measures associated with our Services; use any robot, spider, scraper or other automated means to access our Services; insert any code or product or manipulate the content of our Services in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Services, including any software viruses or any other harmful computer code, files or programs.
We always appreciate your feedback or other suggestions about our Services and Products, including, without limitation, ideas for additional services and products, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
You agree to indemnify, defend, and hold us and our respective officers, directors, owners, employees and agents (collectively, the “Related Parties”) harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising from any claim‚ cause of action‚ suit or demand of any third party due to‚ arising out of, or related to: (a) your inappropriate or unlawful use of our Services; (b) any alleged breach of these Terms; and (c) any use of your Account by you or any third party.
DISCLAIMER OF WARRANTIES
YOUR USE OF OUR SERVICES AND PRODUCTS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) OUR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (ii) WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE MATERIALS ON OUR SERVICES.
PRODUCTS OFFERED ON OUR SERVICES ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, IF ANY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS OFFERED OR SOLD ON OUR SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY. TO THE EXTENT ANY SUCH STATE LAW APPLIES TO YOU‚ THE LIMITATION DESCRIBED HEREIN MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL WE (INCLUDING OUR RELATED PARTIES) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE OUR SERVICES OR ANY SITES LINKED FROM OUR SERVICES, OR THE PRODUCTS AVAILABLE THROUGH OUR SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBILITY IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR DEVICE, DATA, OR OTHER PROPERTY DUE TO YOUR USE OF OUR SERVICES OR DUE TO YOUR DOWNLOADING OF ANY CONTENT ON OUR SERVICES OR ON ANY LINKED WEBSITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED THROUGH OUR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR RETURN POLICY [INSERT HYPERLINK].
IN ANY EVENT, ANY CLAIM AGAINST US SHALL BE LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID TO US FOR THE PRODUCT(S) FROM WHICH YOUR CLAIM OF LIABILITY ARISES OR ONE HUNDRED UNITED STATES DOLLARS.
By consenting to Impossible Kicks’ SMS/text marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK to your contacts page or form, or email address] for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
LAW AND JURISDICTION; CLASS ACTION AND JURY TRIAL WAIVER; MISCELLANEOUS LEGAL TERMS
1. Law and Jurisdiction
Our Services are operated by us from the State of Delaware, United States of America. Any ability to access our Services or purchase Products in any jurisdiction other than Delaware does not constitute Impossible Kicks purposefully availing itself of the privilege of conducting business in that jurisdiction. If you access our Services from other jurisdictions, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that you will comply with all applicable laws in accessing and using our Services. These Terms shall be governed by the substantive and procedural laws of the State of Delaware and relevant United States federal laws without giving effect to principles of conflicts of laws. Exclusive jurisdiction for any action or dispute relating to our Services is in the state and federal courts located in the State of Delaware. By accessing our Services, you consent to the jurisdiction of such courts.
2. Waiver of Right to Class Action and Jury Trial
We and you agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither we nor you will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No action, arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected actions, arbitrations or proceedings. We both also expressly waive the right to a trial by jury.
3. Entire Agreement/Severability
These Terms together with any service-specific terms that may be presented at the time of purchase constitute the entire agreement between you and Impossible Kicks regarding your use of our Services and the purchase of Products. Any failure by Impossible Kicks to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.