Terms of Trading, Use & Disclamers

1/1/2014

Terms of Trading, Use & Disclaimers


Welcome to GIFFIN ENTERPRISES LLC TOPLESS STICKY SANDALS; Before you use the GIFFIN Enterprises, LLC Web Site (the “Site”), please read the following basic terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the “Agreement”).

 

General

We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use.

 

Copyrights, Trademarks and other Intellectual Property Rights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by GIFFIN Enterprises, LLC The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by GIFFIN Enterprises, LLC

 

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.

 

The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of GIFFIN Enterprises, LLC Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of GIFFIN Enterprises, LLC

 

Right to use Copyrights and Trademarks

You represent and warrant to GIFFIN Enterprises, LLC that you have the unrestricted right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illustration of any person or any other intellectual property (“Material”) in the way it is to be printed on or otherwise applied to the products ordered by you. You warrant that, in obtaining the Material and submitting it to GIFFIN Enterprises, LLC for reproduction, you have not violated or infringed on any trademarks, copyrights or other intellectual property rights of any third party. You agree to indemnify and hold GIFFIN Enterprises, LLC, and its directors, officers, employees and agents (“StickySandals.com Parties”) harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by GIFFIN Enterprises, LLC Parties by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim, and to pay any attorney's fees incurred by GIFFIN Enterprises, LLC Parties in defending against any such suit, demand or claim.

 

The burden of determining that any Material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any Material protected by trademark, service mark, copyright or other proprietary right. To use any logo, trademark or copyrighted items, a customer must have written permission from the owner of the logo or trademark or copyright. A customer may not use any logo or other graphic material in a manner which may infringe copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold the StickySandals.com Parties harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by GIFFIN Enterprises, LLC Parties by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through GIFFIN Enterprises, LLC

 

Grant of License to GIFFIN Enterprises, LLC

When using our software to create any design, or when uploading or authorizing others to upload any copyrighted, trademarked or other protected material to GIFFIN Enterprises, LLC, you grant a license to GIFFIN Enterprises, LLC which gives GIFFIN Enterprises, LLC the non-exclusive, perpetual, irrevocable, paid-up, worldwide right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part), modify and create derivative works from such material and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subject to this grant of rights, you retain all rights you have in such material.

 

User Comments, Feedback and other Submissions

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to GIFFIN Enterprises, LLC or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain GIFFIN Enterprises, LLC’s property. Such disclosure, submission or offer shall constitute an assignment to GIFFIN Enterprises, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.

 

Accuracy of Colors

While we have made every effort to display as accurately as possible the colors and/or graphics of our products that appear on the Site, we cannot guarantee that your monitor's display of any color and/or graphic will be accurate. The colors you see will depend on your monitor and may be different from the actual colors of our product. We will have no liability (whether for damages, return of merchandise for credit, or otherwise) as a result of any variances between the appearance of colors and/or graphics displayed on your monitor and on any finished product purchased by you.

 

Return or Exchange Policy

All returns and exchanges must be PRE-AUTHORIZED. Also merchandise must be in a clean unused state and in the original packaging. In most cases, the actual shipping charges can cost more than what the product is worth, so if an item is returned, the refund would be less the actual shipping, handling and insurance cost.

 

As a buyer, you would also be responsible for safely shipping the product back to us. As indicated above, all returns must be Pre-Authorized with a Return Authorization Number on the outside of the package.

 

Any package returned without prior authorization will not be accepted and no refund given. Exchanges can be made for a different color or size, but are subject to availability. As indicated above, the merchandise must be unopened an in resalable condition. You have 15 days after your order date to exchange or return the item. After 10 days returned items will incur a re-stocking fee of thirty percent (30%) of purchase price.

 

Duties, Taxes and Licenses

All duties, taxes and licenses incurred while shopping at GIFFIN Enterprises, LLC are the sole responsibility of the customer. GIFFIN Enterprises, LLC cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.

 

Ancillary Computer Equipment and Services

You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.

 

Legal Compliance

You shall use GIFFIN Enterprises, LLC for lawful purposes only. You shall not transmit through GIFFIN Enterprises, LLC any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to GIFFIN Enterprises, LLC for any breach of this provision or any other provision of this Agreement.

 

Warranty/Disclaimer of Liability

YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT GIFFIN Enterprises, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

 

Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of GIFFIN Enterprises, LLC We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.

 

That's Cool Original Topless Sticky Sandals Specific Disclaimer

 

Our Topless Sandals are a novelty item and are fun to wear in warm weather to many places, they are designed for casual use and there are many circumstances where they should not be worn. We do not recommend them to be worn to heavy traffic venues; i.e. Disneyland or other amusement parks for walking around all day on the hot asphalt or when hiking in areas where sticks or brush could cause injury to your feet. Any place that a flip flop should not be worn would also apply to the Topless Sandal.

 

On another note, it is very difficult to keep the Topless Sandals looking beautiful and like new. Once they have been worn many times, they will start to show wear and the adhesive will even bead up in places around the big toe, heel and ball of the foot. While it may be normal for a few areas to have the glue missing after some wear, it should not affect the adhesive ability of the Topless Sandal.

 

The shoes do come with a six (6) month REPLACEMENT guarantee. The warranty is for the adhesive on the shoe and it does not cover problems some may experience with excessive perspiration or humidity of the air. If you experience heavy perspiration on your feet, dry a dry anti-perspiring spray prior to wearing the sandals.

 

Prior to use, make sure and read our detailed instruction header that describes how to care for the Topless Sandals!

 

When ordering, we allow you to choose the size and a base color of the sandals; we can not guarantee a certain pattern since they are constantly changing. It is not practical for us to list every Topless Sandal pattern we have available. As our stock level change, we may even have difficulty providing the color you chose.

 

Nevertheless, we will do our best to have the base color you chose for the sandal, but it may not always be the dominant color. Providing us with a 2nd and 3rd choice would be recommended. If we do not get an email with your 2nd or 3rd choice, we reserve the right to substitute with another color.

 

With respect to wear, if you are having trouble taking the sandals off, DO NOT YANK OR RIP THEM OFF; just merely place your feet in warm water and wiggle the sandals back and forth until the adhesive breaks free of your skin. The sandals are NOT recommended for children under 7 years old or at any age if you have sensitive, excessively dry or tender skin.

 

Photographic Images Disclaimer

Some materials, including images, illustrations, designs, icons, photographs, text, fonts, products, are used on said website as a means of embellishing the look and feel of said site and may or may not be an exact representation of GIFFIN Enterprises, LLC and or its capabilities. Depiction of some images are supplied by models and or listened photographs and are intended only as a means of producing an interesting website. If you question any contents within said site, please contact us for clarification. 

 

Gift Certificate and or Gift Registry Disclaimer

We honor Gift Certificates which are ordered only through our websites. All certificates are given a specific identifiable number that we will use to verify the integrity of said certificates. The Certificates must be used within one (1) year of purchase. We may extend the life of the certificate by contacting us in writing and requesting an extension.

 

Indemnification

You agree to indemnify, defend and hold harmless GIFFIN Enterprises, LLC Parties against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing GIFFIN Enterprises, LLC under your account.

 

Governing Law

The Site is created and controlled by GIFFIN Enterprises, LLC, Inc. in the State of California. The laws of the State of California will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.

 

General Disclaimer

We reserve the right to refuse service or sells to anyone.