TERMS AND CONDITIONS
SECTION 1: INTRODUCTION
These Terms of Service (“Terms of Service”, “Agreement”) set forth the terms and conditions governing your access to and use of the website www.fsvbarefoot.com (the “Site”) and the service offered through the Site (the “Service”), including all products and services available through the Site.
SECTION 2: ACCEPTANCE OF THE TERMS OF SERVICE
Your access to and use of the Site and the Service are subject to your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all users of the Site and the Service, including but not limited to users who are browsers, vendors, customers, merchants, and/or content contributors.
SECTION 3: MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without prior notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.
SECTION 4: ACCESS TO THE SITE AND THE SERVICE
You may be required to create an account to access certain features or functions of the Service. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. We reserve the right to deny access to the Service or any part of it to anyone at any time, without prior notice and for any reason.
SECTION 5: INTELLECTUAL PROPERTY
The Site and the Service, including all content, are the property of FSV BAREFOOT or its licensors and are protected by intellectual property laws.
SECTION 6: USE OF THE SITE AND SERVICE
You agree to use the Site and the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site or the Service in any way that could damage, disable, overburden, or impair the Site or the Service, or interfere with any other party’s use and enjoyment of the Site and the Service.
SECTION 7: USER COMMENTS
If you submit feedback or suggestions about the Site or the Service (“Feedback”), you agree that such Feedback shall be the property of FSV BAREFOOT and may be used without restriction.
SECTION 8: LINKS TO THIRD-PARTY WEBSITES
The Site may contain links to third-party websites. We are not responsible for the content, privacy, or security practices of third-party websites.
SECTION 9: DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SECTION 10: PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more details.
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Site or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12: PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, 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 affect the functionality or operation of the Service or any related website, other websites, or the Internet; (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 Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service (unless otherwise stated by us) are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FSV BAREFOOT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FSV BAREFOOT and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15: SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17: ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kivur Street 101, Lima, PE-LIM, 15026, Peru.
SECTION 19: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to fsvbarefoot@gmail.com.