TERMS AND CONDITIONS

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

All users of this site agree that access to and use of this site are subject to the following Terms and Conditions, our Privacy Policy (available at https://www.oofos.ca/pages/oofos-privacy-policy) and any other additional terms and conditions or policies referenced herein and made available by hyperlink, as well as any other applicable law. If you do not agree to these terms and conditions, please do not use this site.

You can review the most current version of these Terms and Conditions at any time on this page, or our Mobile Terms of Service, available at https://www.oofos.ca/pages/mobile-terms-of-service. We reserve the right to update, change or replace any ‎part of these Terms and Conditions by posting such updates or changes to our website. It is ‎your responsibility to check this page periodically for changes. Your continued use of or ‎access to the website following the posting of any changes constitutes acceptance of ‎those changes.‎ 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce ‎platform that allows us to sell our products and services to you.‎ 

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Oofos. The collective work includes works that are licensed to Oofos. Copyright 2003, OOFOS, Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Oofos, Inc or purchasing Oofos, Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Oofos, Inc or to purchase Oofos, Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Oofos, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Oofos, Inc used in the site are trademarks or registered trademarks of Oofos.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Oofos disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Oofos does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Oofos does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
The material on this site is provided for general information only ‎and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the ‎contents of this site at any time, but we have no obligation to update any information on ‎our site.‎ 

Oofos shall not be liable for any special, indirect, or consequential damages that result from the use of, or the inability to use, the site or materials on this site or the performance of the products available through this site, even if Oofos has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Products

Certain products or services may be available exclusively online through the site. ‎These products or services may have limited quantities and are subject to return or ‎exchange only according to our Refund Policy (available at https://www.oofos.ca/pages/shipping-returns).

We have made every effort to display as accurately as possible the colours and images ‎of our products that appear at the store. We cannot guarantee that your computer ‎monitor's display of any colour will be accurate.

All descriptions of products or product pricing are subject to change at ‎anytime without notice, at our sole discretion. We reserve the right to discontinue ‎any product at any time.

Account and Billing Information

We reserve the right to refuse any order you place with us. We may, in our sole ‎discretion, limit or cancel quantities purchased per person, per household or per order. ‎These restrictions may include orders placed by or under the same customer account, ‎the same credit card, or orders that use the same billing or shipping address. ‎In the event that we make a change to or cancel an order, we may attempt to notify ‎you by contacting the e mail or billing address/phone number provided at the time ‎the order was made. We reserve the right to limit or prohibit orders that, in our sole ‎judgment, appear to be placed by dealers, resellers or distributors.‎

You agree to provide current, complete and accurate purchase and account information ‎for all purchases made at our store. You agree to promptly update your account and ‎other information, including your email address and credit card numbers and expiration ‎dates, so that we can complete your transactions and contact you as needed.‎

For more detail, please review our Refund Policy (available at https://www.oofos.ca/pages/shipping-returns).‎ 

Personal Information

We may need to collect and use certain elements of personal information in order to provide our products or services to you. Your submission of personal information through the site is governed by our Privacy ‎Policy (available at https://www.oofos.ca/pages/oofos-privacy-policy).

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains ‎typographical errors, inaccuracies or omissions that may relate to product descriptions, ‎pricing, promotions, offers, product shipping charges, transit times and availability. We ‎reserve the right (but have no obligation to) to correct any errors, inaccuracies or omissions, and to change or ‎update information or cancel orders if any information in our ‎website is inaccurate at any time without prior notice (including after you have ‎submitted your order).

In the event that a Oofos product is mistakenly listed at an incorrect price, Oofos reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Oofos reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Oofos shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Oofos without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Oofos may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Oofos.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of British Columbia, Canada (including federal Canadian laws applicable in British Columbia), without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Oofos products) shall be in the state or federal courts located in Los Angeles County, California. Except where prohibited by applicable law, any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Oofos products) must be commenced within one (1) year after the claim or cause of action arises. Oofos failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Oofos may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

By agreeing to these terms of service, you represent that you are at least the age of ‎majority in your place of residence, or that you are the age of majority in ‎your place of residence and you have given us your consent to allow any of ‎your minor dependents to use this site.

You may not use our website (a) in any manner which violates any laws in your jurisdiction (including but not limited to ‎copyright laws),‎ ‎(b) to upload or transmit viruses or any other type of malicious code, (c) to collect or track the personal ‎information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or conduct any similar activities (e) for ‎any obscene or immoral purpose, or (f) to interfere with or circumvent the security ‎features of our website‎.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Oofos or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

A breach or violation of any of these terms of service will result in an immediate termination of your use of our website and any related services.

Participation Disclaimer
Oofos does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Oofos is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Oofos reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Oofos in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Oofos, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Oofos may link to sites operated by third parties. However, even if the third party is affiliated with Oofos, Oofos has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Oofos. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Oofos seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Authorized Retailer Terms & Conditions

To protect and promote our brand and reputation for providing high-quality products, OOFOS, INC. (“OOFOS”) has established these Authorized Retailer Terms & Conditions (the “Terms”), effective immediately, which apply to authorized retailers of OOFOS products (the “Products”). By purchasing from OOFOS for retail sale, you (“Retailer”) agree to adhere to the following terms. Please read these Terms carefully.