The effective date of these Terms of Service is July 15, 2016. These Terms and Services are last updated on July 15, 2016.
The EasyKicks Subscription
COMPANY provides a unique shopping service that blends shoe retail with rental and recycling elements (the "Service"). Here's a brief description of how it works, with details below. You set up an account and pay a monthly subscription fee, which is activated upon your first order, and a pair of shoes are sent to you; you wear the shoes as long as you like and when you're ready for your next pair, you send the shoes back in the pre-paid envelope and order a new pair.
You, the Shopper
You may browse the Site as a visitor or you may create an account ("Account") and register with us to become a "Shopper". You must become a Shopper to order a shipment. An Account may have several subscriptions, one for each person who wants to order a shipment or multiple for the same person who wants more than one shipment at a time.
You will be charged a monthly subscription fee in the amount of $20 USD inclusive of tax, shipping and handling (the "Fee") upon your first order. $100 fees for 6-Month subscriptions and $180 fees for 1-Year subscriptions will be charged at the time of your order and will automatically renew on a 6 month or 1 year basis, inclusive of tax, shipping and handling. The Fee will be charged to your credit card or other payment method between the time the order is placed and we ship your shipment. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy. You agree to the Fee being charged to the card on file on a recurring monthly, bi-annual or annual basis depending on your chosen plan until you cancel the subscription by (i) clicking the "Manage Subscription" link on your account homepage when you log in, and then clicking the "Delete Subscription" link and following the prompts and options that follow. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
Shipments and Returns
Shopper will place a shoe order through COMPANY Site (easykicks.com) or by contacting Customer service (firstname.lastname@example.org) (the "Shoes"). All orders will be processed between 3-7 business days, unless out of stock. Delivery is dependent on the shipping address location and may take up to 7 business days from the day the order is processed. COMPANY will only ship to the contiguous United States.
If the Shoes do not fit or if Shopper is dissatisfied, Shopper may order the Shoes in the correct size or different Shoes either through COMPANY Site (easykicks.com) or by contacting Customer service (email@example.com). Upon receipt of the new Shoes, Shopper must send back the Shoes that did not fit or that they were unsatisfied with in the pre-paid return envelope.
If Shopper is satisfied with the Shoes, Shopper may wear the shoes as long as Shopper likes. When Shopper is ready for Shoppers next Shoes, Shopper shall place the Shoes in the pre-paid return envelope Shopper received with the initial shipment and return the Shoes. Once the Shoes are returned, Shopper may order new Shoes.
SCHEDULING OF A SHIPMENT IS AN OFFER TO START AND CONTINUE WITH THE SUBSCRIPTION FEE AND THE TERMS SET FORTH HEREIN. WE MAY ACCEPT YOUR REQUEST FOR A SHIPMENT BY PROCESSING YOUR PAYMENT OF THE SUBSCRIPTION FEE (AS DESCRIBED BELOW) AND SHIPPING YOU THE SHIPMENT. IF YOU CANCEL THE SUBSCRIPTION, YOU MUST RETURN SHOES. For any reason, we may decline to accept your request for a shipment. If we decline to accept your request for a shipment, we may attempt to notify you at the email address you provided. All Shoes will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Shoes to a common carrier.
Shopper has an opportunity to earn referral credits toward the Fee when Shopper refers COMPANY to a friend and the friend provides his/her Account Information, sets up an Account and makes the first order ("Referral"). For each Referral, Shopper will receive $5 off the following month's Fee. In no event can Shopper accrue a positive balance on its Account.
Each Shopper will be asked to participate in a survey to provide feedback related to the Services, the Site and/or their experience more generally. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services and (b) promote the Services, and that you will not be due any compensation for your Feedback that is used in any way. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
The Site's Content
COMPANY owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the Site (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.
Your failure to comply with the Site's terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, COMPANY does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Prohibited Uses of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password "cracking," or any other illegitimate means. You may not breach the security or authentication measures on the Site or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site.
You may not impersonate any other individual or entity when using this Site. You may not use the Site or any Content for any unlawful or prohibited purpose, or to solicit the performance of any illegal activity. You may not use the Site to defame, harass, threaten, or intimidate others.
Purchases on the Site
Certain Site features and services may require you to open an account. You are solely responsible for keeping your account information, including your password, confidential. You also are solely responsible for any and all activity that occurs through your account as a result of your failing to keep this information confidential. You agree to notify COMPANY immediately of any unauthorized use of your account, and any other breach of security. You may be held liable for losses incurred by COMPANY or any other user of the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential.
Links to Other Sites
This Site may contain links to independent third-party Web sites ("Linked Sites"). COMPANY provides these Linked Sites solely for your convenience, and does not control or endorse any of them. COMPANY cannot be responsible for the content, security, or privacy policies of such Linked Sites.
You agree that COMPANY may, in its sole discretion and without prior notice, terminate your access to the Site, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. COMPANY similarly reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimers and Limitation of Liability
COMPANY DOES NOT PROMISE TO CONTINUE THE SERVICE OR THE SITE FOR ANY SPECIFIC PERIOD OF TIME. COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
ALL INFORMATION PROVIDED ON THE SITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF SHOES AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, SHOES, OR OTHER MATTERS DESCRIBED IN THIS SITE.
COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE SITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
In no event will COMPANY be liable to you for any DIRECT, indirect, consequential, SPECIAL, exemplary, incidental or punitive WHATSOEVER damages, including lost profits, even if COMPANY has been advised of the possibility of such damages.
The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.
You agree to indemnify and hold COMPANY, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against COMPANY by any third party due to or arising out of or in connection with your use of the Site.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New Castle, Delaware, and waive any objection to such jurisdiction or venue.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE SHOPPER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER SHOPPER OR USER.
COMPANY administers and operates the Site from its location in the Washington, DC in the United States. Information on COMPANY's Site may contain references to COMPANY products, programs and services that are not available in your country. Such reference does not imply that COMPANY intends to make such products, programs, or services available in your country. Any offer on the Site for any feature, product, or service is void where prohibited. If you choose to access the Site from outside the United States, you are responsible for complying with applicable local laws.
Certain text in COMPANY's Site may be available in languages other than English. These translations are provided as a convenience to you, and COMPANY makes no representations or commitments regarding the accuracy or completeness of the translation.
Feedback and Claims of Infringement
COMPANY welcomes any feedback you have regarding the Site. Please be aware that any feedback you provide shall be deemed non-confidential, and COMPANY shall be free to use such information on an unrestricted basis.
If you believe that any content appearing on this Site infringes your copyright rights, COMPANY wants to hear from you. Please forward the following information in writing at the address listed below:
a) Your name, address, telephone number and e-mail address;
b) A description of the copyrighted work that you claim has been infringed;
c) The exact URL or a description of each place where alleged infringing material is located;
d) A statement by you that you have a good faith believe that the disputed use has not been authorized by you, your agent, or the law;
e) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
f) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please provide any feedback or claims of infringement to the following address:
Peer Insight LLC
717 D Street, NW, Suite 200
Washington, DC 20004