Terms and Conditions
Welcome to daringfootwear.com. These Terms and Conditions (“Terms”) govern your use of our website located at daringfootwear.com (the “Site”) and any purchase of Daring Footwear products or other goods and services offered through the Site.
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Site.
1. Use of the Site
Eligibility
You must be at least 18 years of age or the age of majority in your jurisdiction to use this Site. By using the Site, you represent and warrant that you meet this requirement.
Account Responsibility
If you create an account on daringfootwear.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any unauthorized use of your account.
Prohibited Activities
You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any part of the Site, other accounts, or computer systems or networks connected to the Site.
2. Products and Services
Product Descriptions
We strive to display the colors, images, and details of our Daring Footwear products as accurately as possible on daringfootwear.com. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. The actual product you receive may vary slightly due to factors such as screen resolution and lighting during photography.
Pricing and Availability
All prices for products are listed in [Your Currency] and are subject to change without notice. We reserve the right to modify or discontinue any product at any time without prior notice. We do not guarantee that the products you desire will be in stock or available for purchase indefinitely.
Order Acceptance
Your placement of an order is an offer to purchase a product from daringfootwear.com. We reserve the right to accept or decline your order for any reason, including but not limited to:
- Unavailability of the product.
- Inaccuracies or errors in product or pricing information.
- Suspected fraud or unauthorized or illegal transactions.
- Issues with payment verification.
If we decline your order, we will notify you and any authorized payment will be voided or refunded.
3. Intellectual Property
The Site and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, logos, and the design, selection, and arrangement thereof, are owned by daringfootwear.com, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use in connection with purchasing Daring Footwear products. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express written consent.
4. User-Generated Content
If the Site allows you to post reviews, comments, or other content (“User Contributions”), you are solely responsible for your User Contributions and the consequences of posting or publishing them. By posting User Contributions, you represent and warrant that:
- You own or control all rights in and to the User Contributions.
- The User Contributions are accurate.
- The use of the User Contributions does not violate these Terms or any applicable law or regulation.
- The User Contributions will not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
We reserve the right, but have no obligation, to monitor, edit, or remove any User Contributions at any time and for any reason without notice.
5. Links to Third-Party Websites
The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. Your use of such third-party websites is entirely at your own risk and subject to the terms and conditions of such websites.
6. Disclaimer of Warranties
Your use of the Site and any products purchased through the Site is at your sole risk. The Site and all products are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. daringfootwear.com, its directors, employees, and agents expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- The Site will meet your requirements.
- The Site will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the Site will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.
- Any errors in the Site will be corrected.
7. Limitation of Liability
In no event will daringfootwear.com, its affiliates, directors, officers, employees, agents, or licensors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
This limitation of liability applies to all causes of action in the aggregate and individually. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Indemnification
You agree to defend, indemnify, and hold harmless daringfootwear.com and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including but not limited to your User Contributions.
9. Governing Law and Dispute Resolution
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the jurisdiction in which daringfootwear.com operates, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Site shall be settled through good faith negotiation. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in accordance with the rules of a recognized arbitration body. The arbitration shall take place in a mutually agreed-upon location. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms.
11. General Provisions
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and daringfootwear.com regarding our services and supersede and replace any prior agreements we might have had between us regarding the Site.
