This website is a part of the Sofft Shoe Co. LLC (“Sofft”) family of websites, which include but are not limited to BionicaFootwear.com (collectively, the “website” or “site”). Sofft appreciates your visiting our website. We respect your privacy and believe our website offers you and your family an opportunity to learn more about us as well as purchase our products. The following Terms and Conditions of Use (“Terms”) are designed to help you make your visit a pleasant one. Please read these Terms carefully before using our website. If you choose to continue to use or access this site or any of our other websites after having the opportunity to read these Terms, you recognize that Sofft has provided valuable consideration by offering the website free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use this or any of our other websites and exit immediately.
Sofft grants you a non-exclusive, non-transferrable, limited right to access, use and display the site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of this site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms & Conditions
Sofft reserves the right, at its sole discretion, to change, modify, and/or remove any portion of these Terms, in whole or in part, at any time. If we change our Terms, we will advise you by revising the “Last Updated” date at the top of this document. Your continued use of the site after any changes to these Terms and conditions of use are posted will be considered acceptance of those changes.
Ownership / Restrictions
Sofft owns, controls, licenses or has the right to all material on the site, including without limitation to text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). As between you and Sofft, Sofft retains all rights and interests in the Content. Except for the express limited personal right granted to you herein, the Content may not be used without Sofft's express written permission.
The names, trademarks, service marks and logos of Sofft and its respective brands appearing on this site are owned by Sofft or its affiliates or sponsors and may not be used in any advertising or publicity, or otherwise to indicate Sofft's sponsorship of or affiliation with any group, product or service, without Sofft's prior express written permission.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way, exploit the site or any portion thereof for any public or commercial use without the express written permission of Sofft. You may download one copy of Content from the site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including, without limitation to, trademarks and service marks of Sofft and its affiliates. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copy, redistribution or publication of material from the site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
Acceptable Use Policy
User Generated Content
You are solely responsible for any comments, feedback, reviews, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit to our site (“User Generated Content”), and for any consequences that result from such submissions. Sofft expressly disclaims any and all liability in connection with User Generated Content.
All User Generated Content submitted to our site shall be deemed non-proprietary and non-confidential. Sofft shall be free to use, reproduce, modify, publish, incorporate, exploit, develop and distribute such User Generated Content and any ideas contained therein, without restriction or cost and through any medium now known or later developed. Sofft does not solicit or accept any ideas, proposals, concepts, materials, or suggestions for future products, services, marketing campaigns, or for anything else related to our company (“Business Ideas”). Business Ideas that you submit are considered User Generated Content, and thus they may be freely utilized or otherwise exploited by Sofft without restriction and without compensating you in any way. You are solely responsible for ensuring that the User Generated Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties.
Sofft reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Sofft may monitor and review User Generated Content submitted to our site, but we are under no obligation to do so. You understand that by accessing our site you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Sofft be liable for any User Generated Content or for any damages resulting from such Content. Sofft does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained therein.
You shall indemnify, defend and hold harmless Sofft, its parent, subsidiaries and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the site. Sofft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Sofft.
Links to Other Websites
The site may contain links and pointers to the other internet sites, social media platforms, resources, and sponsors of the site. Links to and from the site to other third party sites, maintained by third parties, does not constitute an endorsement by Sofft or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Sofft or the site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Sofft or any of its affiliates. These links are provided as a convenience to you, and Sofft is not responsible for the content, policies, or security protocols of any such sites. Your Linking or Use of These Websites or Platforms Is at Your Sole Risk. You should direct any concerns regarding any external link to its site administrator or webmaster. Sofft does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Sofft reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements made available by users or third parties on the Sofft site or through social media platforms related to or linked through the Sofft website.
Please be aware that the information you publicly disclose may be available to other users, so you should be mindful of the personally identifiable information and sensitive content you post. Sofft is not responsible for the consequences of material or personally identifiable information you post, upload, transmit, send or otherwise make available publicly online.
Disclaimer of Warranties and Damages
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither Sofft nor its content providers warrant that the functions, features or content contained in the site will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Sofft and its parent companies, subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to Sofft’s negligence. If you are dissatisfied with the site or any materials on the site, your sole remedy is to discontinue using the site.
Limitation of Liability
Under no circumstances shall Sofft, its parent, subsidiaries, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorized representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall the total liability of Sofft, its parent companies, subsidiaries and affiliates to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions of use or your use of the site exceed, in the aggregate, $100.
Sofft makes no representation that materials in the site, including merchandise offered for sale on the site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflict of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in the State of Connecticut and you hereby irrevocably consent to the jurisdiction of such courts. If, for any reason, a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Sofft with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Sofft of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that for any claims related to this site, you waive any right to a jury trial and will not file a class action against Sofft or its affiliated companies, or participate in a class action against Sofft or its affiliated companies. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Sofft or its affiliated companies.