Website Privacy Notice and Terms and Conditions of Use
Foot Rx Asheville, Inc.appreciates your interest in our Website and services. Our website, http://www.footrxasheville.com (the “Website”), is an important means of providing you with information on the products and services we provide at our brick-and-mortar specialty store, Foot Rx, located in Asheville, North Carolina. We are committed to complying with all applicable laws and regulations.
By accessing and using the Website and its pages, applications, services, forums, and networks (individually and collectively, the “Website”), you agree and certify that you have read, understand, and agree to this Privacy Notice and Terms and Conditions of Use (collectively, the “Notice”). All Visitors of the Website are referred to as “you” or “Visitors”). The Website is owned, operated, and administered by Foot Rx Asheville, Inc. (the “Company”, “we” or “us”).
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this Notice at any time without further notice and such modifications are, unless otherwise stated in this Notice, effective immediately. If this Notice is modified, such changes shall be posted on the Website and we will make reasonable efforts to bring any modifications to your attention at the time of your access of the Website. Your continued use of the Website after any such changes constitutes your acceptance of the revised Privacy Notice. If you do not agree to this or any future Notice, do not use or access (or continue to use or access) the Website.
We value the privacy and security of your personal information. We have implemented commercially-reasonable measures that are intended to keep your personal information safe from unintended disclosure. Despite our efforts, however, factors beyond our reasonable control, such as a sophisticated, malicious attack by a “hacker”, could result in disclosure of your personal information. Accordingly, we not in a position to guarantee that your information will be secure under all circumstances and we make no warranties or representations with regards to the maintenance or non-disclosure of your information.
INFORMATION WE COLLECT — ALL WEBSITE VISITORS
You may also opt to provide us with your name, email address, and phone number via the text box on our Website, which we will use in accordance with this Privacy Notice.
USE OF INFORMATION AND INFORMATION SHARING
We use the information we collect from Visitors to tailor and personalize our services, and to continually improve the Website. We may use the information you provide us to request your participation in surveys and promotions, and we may send you product information, updates or special offers. If you no longer wish to receive these kinds of communications from us, you may opt out at any time by following the opt-out instructions on that communication.
The information we collect may be stored, processed, and passed on in accordance with your instructions. We also may share your information with third parties, such as service providers who help us administer this website and conduct our business, but will not share with third parties to enable them to market directly to you.
The reasons we may share your information include the following: to process your transactions; to respond to legal investigations; to offer our products and services to you; and to understand how the Website is used. We may share your information within our organization, and with our service providers who help us administer this website and conduct our business, to the extent permitted by law.
We may also use, share, or transfer your personally-identifiable information and non-personally-identifiable information as required by applicable law. You agree to provide valid, accurate, and complete information and to keep all such information complete and current.
TERMS AND CONDITIONS OF USE
Please read these terms and conditions of use carefully before using this Website. By accessing, viewing, or using the Website, you agree to become bound by these terms and conditions. If you do not agree to all of the terms and conditions, then you may not access and use the sites and services.
Registration and use of the Website is void where prohibited. Our Website is not intended for use by anyone other than residents of the United States of America.
We reserve the right to permanently block any Visitor who violates this Notice. Except as required by law, we may retain Visitor information, data, and content for business or legal purposes, in our sole discretion.
Our Website may contain links to other websites which are not owned or controlled by us. If you follow a link to a third party’s website, we do not assume any liability for the performance, quality, accuracy, timeliness, reliability, or any other aspect of products or services on any other website, and can make no representation or warranty with regard to such third party sites. We are not responsible for third parties’ legal or privacy policies, nor for their processing of personal data. We encourage you to read the privacy statements of any third-party sites you visit, whether linked from our Website or otherwise.
OWNERSHIP AND ACCESS
Subject to your compliance with this Notice we grant you a limited, revocable right to access and make personal use of the Website. You shall not modify the Website and shall not reproduce, duplicate, copy, sell, or resell the Website, any portion thereof, or any products, services, or other content on this Website. This limited right does not include any resale or commercial use of the Website or its products, services, or other content; any derivative use of this Website, its products, services, or other content; or any use of robots or other data mining, gathering, scraping, and extraction tools.
The Website is owned and operated by Foot Rx Asheville Inc., and our address is 1979 Hendersonville Road, Asheville, NC 28803. Our telephone number is 828-678-2825. If you have any questions about this Privacy Notice and Terms and Conditions of Use, we can be reached at the above address and telephone number.
LIABILITY AND INDEMNITY
You, the Visitor, agree that use of the Website is at your choice and at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis, except as otherwise prohibited by applicable law. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. We do not guarantee any specific results from use of the Website. No advice or information, whether oral or written, from or through use of the Website shall create any representation or warranty not expressly stated herein. We assume, and shall have, no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications, data, or content. We are not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website. Except in jurisdictions where such provisions are restricted, in no event shall we be liable to you or any other person, entity, or organization for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from or in any way related to your use of the Website, your purchase or use of any of the goods or services offered, advertised, or sold through the Website, or any of the Website content or other materials, even if arising from our negligence and even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause of action, claim, or liability whatsoever, and regardless of the form of the cause of action, claim or liability, shall at all times be limited to the amount paid, if any, by you directly to us for the specific product or service which is the subject of the claim, but in no event shall our liability to you exceed the actual amount you have paid directly to us. You acknowledge that if no fees are paid to us by you for any product or service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action.
We do not endorse and are not responsible or liable for any content, data, products, goods or services available or unavailable from, or through, any third party. You agree that should you use or rely on such content, data, products, goods or services, available or unavailable from, or through any third party, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.
You, the Visitor, agree to defend, indemnify, and hold us harmless from and against any and all loss, damage, claim judgment, demand, liability, or expense (including reasonable attorneys’ fees and expenses), in any way related to, arising out of, or connected with: (i) Visitor’s data; (ii) Visitor’s use of or connection to the Website; (iii) Visitor’s providing of false, inaccurate, misleading, or fraudulent data or other information to us; (iv) Visitor’s violation or breach of this Notice; and (v) Visitor’s violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right. Visitor’s obligations shall survive the termination of Visitor’s use of the Website. Visitor is solely responsible for his/her/its actions, and the actions of its agents, when using the Website.
In the event that we are acquired by or merged with any third party entity (including the sale of substantially all of our assets or of substantially all of any business unit), we reserve the right, in any of these circumstances, to transfer or assign your Content, data, personal information, and the licenses obtained from you. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. You understand this and agree to hold us harmless in such circumstances.
Effective Date 6/30/2018