Terms and Conditions
These terms are effective as of: August 14, 2014
This Site is a commercial site NOT intended for use by children or anyone under the age of 18 years of age. You must be at least 18 years of age to make a purchase on this Site's' online store.
PRODUCT & SERVICES INFORMATION
All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.
COUPONS AND PROMOTIONS
Items purchased from this site are sold to you for your personal use and not for resale. Vionic reserves the right, at Vionic's sole discretion, to limit the quantity of items sold or to refuse sale of items to any customer at any time.
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of Vionic or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
Neither this Site, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Vionic neither warrants nor represents that use of Content displayed on this Site will not infringe rights of third parties not owned by or affiliated with Vionic.
Your use of and browsing of this Site are at your risk. Neither Vionic nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Vionic also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, and/or images from this Site.
You hereby release and hold harmless Vionic, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of this Site and/or in connection with Vionic's use of the Content. In consideration for your agreement herein, Vionic will provide access to this Site.
FOR PARENTS CONCERNING PRIVACY
Vionic does not consider this Site to be of interest to anyone under the age of 18. However, Vionic believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.
By submitting Content to be used on this Site, you agree that Vionic may use your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein. You grant the rights hereunder whether or not your name, voice, or image, or any quotes attributable to you are used in any manner by Vionic and Vionic reserves the right in Vionic's sole discretion NOT to use any submitted content. You grant these rights to Vionic worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on this Site, advertising, and other commercial uses in connection with this Site. You waive all rights related to Vionic's use and release, discharge and hold harmless Vionic, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you. You further understand and agree that online visitors to this Site may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls.
In addition and by submitting Content:
- you understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in this Site, without further consent or approval, and that whether or how the Content is used in this Site is entirely within Vionic's sole discretion.
- you certify that you are the original author (or have a written assignment of all rights from the author) of the submitted Content; and you are the sole copyright owner of the Content; that you are the only person depicted in the Content; and you have complete authority to grant to Vionic the rights stated herein.
- you understand and agree that all Content is subject to review and editing by Vionic prior to any posting or use by Vionic. You further acknowledge that Vionic reserves the right to remove any Content from this Site at any time and for any reason at Vionic's sole discretion.
CONTENT POSTED ON THIS SITE
All Content is the sole responsibility of the person from whom such Content originated. Vionic does not control, and is not responsible for user-submitted Content and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, this Site may contain links to other websites, which are completely independent of Vionic. Vionic makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, Vionic makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through this Site. Users of Vionic bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will Vionic be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge that Vionic does not pre-screen or approve Content prior to posting. Vionic makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content:
- You understand and agree that Vionic may review and delete any Content that in the sole judgment of Vionic violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
- You are solely responsible for the Content that you publish or display.
- By posting Content to any public area of Vionic, you automatically grant, and you represent and warrant that you have the right to grant, to Vionic an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on this Site. Vionic reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from this Site and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail", “chain letters," or unsolicited mass mailing or “spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
- Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
- You must use this Site in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, others to buy or sell any products or services through this Site. You may not transmit any chain letters or junk email to others. Although Vionic cannot monitor the conduct of its users off this Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of this Site without their prior explicit consent.
All materials and information on this Site, including, without limitation, the Vionic logo, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by Vionic, or otherwise used with permission by Vionic. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from this Site or any other site owned or operated by Vionic without the prior written permission of Vionic. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Vionic's copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from Vionic.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact the complaining party;
- A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any such requests to Vionic as follows: INFO@VIONICGROUP.COM
Vionic's trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated. Vionic's trademarks include (but are not limited to) the following trademarks: VIONIC, ORTHAHEEL, VIONIC GROUP, VIONIC INNOVATION LAB, SOLE STORY, FMT, AMS AIDED MOTION SYSTEM, THE LABYRINTH DESIGN, VASYLI THINK TANK, WALK MOVE LIVE, VASYLI, and WELL BEING WITH EVERY STEP.
Other names and brands used on this Site may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Vionic or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Vionic, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Vionic.
This Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Vionic website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
DATA PROTECTION CONSENT
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or obtain professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked.
EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and however arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site.
In consideration of your use of this Site, you agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Vionic reserves all rights and remedies available to it.
MODIFICATION AND DISCONTINUATION
We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
SEVERABILITY AND NON-WAIVER
APPLICABLE LAW AND JURISDICTION
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of California and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
You may also contact us by mail at:
Vionic Group LLC
4040 Civic Center Drive Suite 430
San Rafael, CA 94903
Attention: Customer Care