Terms of Service

Our Place Terms of Service and Sale – United States and Canada

Last modified: September 5, 2023

These Terms of Service and Sale (the “Terms”) are a legal agreement between you and Toe Bumpers. These Terms apply to United States and Canadian individuals that use Toe Bumpers websites, applications, and related software and features (collectively, “Sites”); participate in Toe Bumpers contests or sweepstakes; purchase our products or services (collectively, “Products”); and/or visit our physical stores and locations and/or participate in Experiences (defined below) (collectively, all of our offerings referenced in this paragraph are referred to herein as the “Services”). By accessing, using, or interacting with the Services, and by purchasing our Products, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.

We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.

If you are located outside of the United States or Canada, a different version of these Terms may apply. Certain parts of the Services may also be subject to supplemental terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such supplemental terms and conditions shall control.

These Terms contain the following sections:

1. Eligibility
2. Account Registration
3. Intellectual Property
4. User Content and Feedback
5. Acceptable Use
6. Terms of Sale
7. Loyalty Programs
8. Privacy
9. Links to other Websites
10. Disclaimer of Warranties
11. Limitation of Liability and Release
12. Indemnity
13. Modification and Termination
14. Mandatory Arbitration and Class Action Waiver for Residents of the United States
15. Text Messaging
16. Controlling Law
17. General Terms
18. Copyright Policy
19. Contact Us

1. Eligibility

 

You must be over the age of majority in your jurisdiction to use the Services and if not, you represent and warrant that your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so by such entity. You cannot access or use the Services if you are barred from receiving the Services under applicable law or if we have previously suspended or removed you from the Services.

2. Account registration

 

You may be required to create an account to use or participate in certain parts of the Services. To create an account, you may need to provide us with certain information, such as your name and email address. You may also need to select a password. You are solely responsible for keeping your information confidential. You may not transfer, sell, assign, or sublicense your account without our prior written approval. You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Services or purchases made by any person who uses your account, with or without authorization. You agree to immediately notify us of any unauthorized use or any other breach of security of your account. Toe Bumpers will not be liable for losses incurred as a result of an unauthorized use of your account or password. Information submitted by you is governed according to our Privacy Policy. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

3. Intellectual property

 

“Content” means all websites, software, designs, text, art, audio, video, graphics, images, music, user interfaces, works of authorship of any kind, names, logos, trademarks, service marks, trade names, and information or other materials that are posted, generated, provided or otherwise made available through the Services. The Services and Content are protected by copyright, trademark, patent, trade secret and other laws of the United States and foreign jurisdictions. Except as expressly provided in these Terms, Toe Bumpers and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.

You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services or Content. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. As between you and Toe Bumpers, all names, trademarks, service marks, trade names, symbols, slogans, or logos appearing on the Services or Content are proprietary to Toe Bumpers or its affiliates, licensors, or suppliers and any goodwill associated therewise remains with us or those other entities. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services and Content. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms. You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Services, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Toe Bumpers may revoke this license at any time, in its sole discretion.

4. User content and feedback

 

4.1 User Content. You maintain sole responsibility for any Content that you submit, display, post, or otherwise make available to us through the Services or otherwise (“User Content”), including any necessary third-party rights in the User Content. As between you and us, you own all User Content that you submit, but you hereby grant Toe Bumpers a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. Please remember that other users may search for, see, use, modify and reproduce any User Content that you submit to any “public” area of the Site.

We may, but have no obligation to, pre-screen User Content before its appearance on the Services, and may prohibit or prevent you from posting, uploading, storing, sharing, sending, or displaying User Content to and via the Services at any time. We may, in our sole discretion, reject, move, edit, or remove any User Content that is submitted to the Services for any reason whatsoever, including without limitation, User Content that violates these Terms.

4.2 Feedback. We welcome and encourage you to provide feedback, comments, ideas, suggested improvements or modifications related to Products, the Site or the Services (collectively “Feedback”). You acknowledge and agree that all Feedback you provide (i) will be treated as non-confidential and (ii) you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same, including any ideas, concepts, know-how or techniques contained therein, without any compensation or credit to you of any kind (including any royalty), on an unrestricted basis for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, and selling products and services incorporating the Feedback. This is true whether you provide the Feedback on the Sites or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

4.3 User Content and Feedback representations. You agree that any User Content or Feedback you submit or transmit to the Services will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content or Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You are solely responsible for any User Content or Feedback you make and their accuracy. We take no responsibility and assume no liability for any User Content or Feedback posted by you or any third-party.

5. Acceptable use

 

The following conduct is strictly prohibited in connection with your access to and use of the Services. Without limitation, you will not:

• abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
• alter or tamper with any materials on or associated with the Services;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
• disrupt, overwhelm, attack, modify or interfere with the Services or their associated software, hardware, or servers in any way;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
• impede or interfere with others’ use of the Services;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• post or share anything, or engage in any conduct, that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account data, or any other personal or private information from any user;
• submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
• submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
• use any means to scrape or crawl any web pages contained in the Services;
• use any robots, spiders, scrapers, or any other automated means to access the Services for any purpose;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• violate any law or regulation; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

6. Terms of Sale

 

6.1 Products and Prices. Some of the Products featured on the Services are displayed for promotional purposes only and may not be available for purchase or may be out-of-stock. All Products offered for purchase are subject to availability and we reserve the right to impose quantity limits. In some cases, Products displayed for sale on the Site may not be available in stores or vice versa. Prices are subject to change without notice. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges and other fees. Prices posted on this Site may be different from prices offered by us at our stores.

We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing, shipping times, or other Product-related information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such errors or omissions and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged, including after you have submitted your order and/or payment method has been charged. We make reasonable efforts to display as accurately as possible the colors and images of our products that appear online. We cannot guarantee that your computer monitor's display of any color will be accurate.

We may offer Products for pre-order, in which case we will make attempts to provide accurate estimated shipping times. However, such shipping times are not guaranteed, and we will endeavor to provide updates to you as soon as possible. In the event a Product you have ordered is out of stock, we will also make attempts to notify you of the updated shipping date when available.

6.2. Orders. Our presentation of Products shall not be considered a binding offer, but rather an invitation to place an order. We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the process prior to delivery, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Toe Bumpers, payment must be received by Toe Bumpers prior to acceptance of an order. Notwithstanding the foregoing, Toe Bumpers may in its discretion choose not to charge your selected payment method until your order has been shipped. Toe Bumpers may process payment for and ship parts of an order separately. We may require additional verifications or information before accepting any order.

6.3 Promotions, Voucher Codes, Special Offers. All promotions, coupons, and other special offers (“Offers”) are subject to the terms and conditions of the associated Offer and may not be combined or used in conjunction with other Offers unless specifically permitted. Only one Offer may be used per order and such Offer is applicable to in stock items only, unless otherwise agreed to by Toe Bumpers. Toe Bumpers reserves the right to decline orders where it determines in its sole discretion the Offer or use thereof is invalid. Purchases using an Offer must comply with the terms to qualify for the Offer and may be subject to additional conditions than those contained in these Terms as provided to you in connection with the Offer. Offers are not redeemable for cash. Only Offers sent to you through official Toe Bumpers communications channels are valid. You agree that Offers: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; and (iv) may expire prior to your use.

6.4. Limited Edition. Toe Bumpers may occasionally offer variations of a Product in limited quantities (“Limited Edition Products”). Unless otherwise noted, Offers may not be applied to the purchase of Limited Edition Products. Limited Edition Products may look and perform differently than their standard counterpart. Replacement of Limited Edition Products is subject to availability and may be replaced with a Product of similar kind, in Toe Bumper's sole discretion.

6.5 Resale. Other than to our authorized corporate gifting and wholesale partners, we sell and ship Products to end-user customers only, and Toe Bumpers reserves the right to refuse or cancel your order, restrict sales to any customer or customer account, impose purchase quantity limits, suspend or close any account or take any other action we reasonably deem necessary, if we suspect you are purchasing products for resale or export. Products sold through the Services are not authorized for resale or export. The resale of or offer to sell a Product without the authority of Our Place is an infringement of Toe Bumper's intellectual property rights. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries; to restricted end users; or for restricted end uses according to applicable export and sanctions laws of the United States. Any Products distributed via an unauthorized resale are not eligible for our Limited U.S. Warranty Program.

6.6. Payment Information. For your convenience, we offer a wide array of payment methods to complete your purchase as indicated to you at the point of sale. By providing a credit card or other payment method that we accept, you represent and warrant that: (1) all payment information is accurate; (2) you are authorized to use the designated payment method; (3) you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes, shipping and handling charges (if any) and other charges); and (4) you have sufficient funds or credit available upon your initiation of a transaction to ensure that the purchase price will be collectible by us. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order(s) may be suspended or canceled. Please note that some credit card companies, banks and financial institutions may place an authorization or temporary hold on your account in connection with your purchase. Please contact your credit card companies, banks or financial institutions directly to inquire about any such authorization or hold.

6.7. Third Party Provider. Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products to you, and provide payment services to us (e.g., credit card transaction processing, merchant settlement and related services). By purchasing any Product, you agree to be bound by Shopify’s Payments Terms of Use, available at https://www.shopify.com/legal/terms-payments-us and Privacy Policy available at https://www.shopify.com/legal/privacy. You hereby consent to provide and authorize Toe Bumpers and Shopify to share any information and payment instructions you provide to the minimum extent required to complete payment transactions.

6.8. Taxes. To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, "Taxes") due with respect to your purchase and use of our Products and Services. Toe Bumpers collects Taxes if we determine we have a duty to collect Taxes based on the type of Product or Service purchased, date of shipment and the shipping address.

6.9. Shipping, Title Transfer, Risk of Loss, Delivery. You agree to pay any shipping and handling charges shown at the time you place an order. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown on our website or as part of the checkout process are estimates only and are not guaranteed. The number of days quoted for standard and express shipping refers to transit time only, additional time is required to process orders (typically 1-2 business days for normal volume). Products may be delivered in multiple shipments. 

6.10. Returns and Exchanges. Unless otherwise stated in the Toe Bumpers store (e.g., marked as “Final Sale”), you can return or exchange a Product in accordance with the terms of the return policy as posted on the website here.  All gift card sales are final. We monitor returns activity for abuse and reserve the right to limit returns or exchanges in all instances. We are not able to offer returns or exchanges on behalf of our retail partners. If you purchase from a partner of ours be sure to review their return policy as it might differ from ours. Replacement of Products is subject to availability and may be replaced with a Product of similar kind, in Toe Bumper's sole discretion.

6.11. Gift cards. If you purchase a gift card for yourself or someone else through the Services, your purchase will be subject to our Gift Card Terms. 

6.12. Referral Program. Toe Bumpers may, from time to time, offer our customers and users the opportunity to receive rewards toward future purchases from the Toe Bumpers website by referring other people. You acknowledge that you have read and understood the Toe Bumpers Refer a Friend Policy for information related to the referral program.

 

8. Privacy

 

For information about our data practices, including our collection and use of your information, please see our Privacy Policy. By using the Services, you acknowledge and agree to our Privacy Policy, which is incorporated by reference into these Terms.

9. Links to Other Websites.

 

The Sites may contain links or references to other websites outside of our control. You acknowledge and agree that Toe Bumpers does not warrant, endorse, guarantee, or assume responsibility for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Toe Bumpers of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services. Toe Bumpers will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing.

 

10. Limitation of Liability and Release

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS, AND CONTENT REMAINS WITH YOU. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOE BUMPERS OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, OR ANY OF TOE BUMPERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR REPRESENTATIVES (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY CONTENT, OR ANY LINK OR CONNECTION PROVIDED BY THE SERVICES, WHETHER OR NOT TOE BUMPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOE BUMPERS AND ITS REPRESENTATIVES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES OR PRODUCTS WILL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PAID PRODUCT OR SERVICE, $100. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOE BUMPERS AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING SHALL CONSTITUTE OUR PLACE’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION.

11. Indemnity

 

To the full extent permitted by applicable law, you agree to indemnify, defend, and hold Toe Bumpers and its Representatives harmless from and against all claims, losses, actions, penalties, liabilities, damages, costs and expenses, including without limitation, lawyers’ and experts’ fees and disbursements, in connection with or arising out of: (i) your use of or access to the Services, Products, or Content, (ii) your exposure to Content or User Content or Feedback, (iii) the use by any other persons accessing any Services using your account or account login; (iv) your violation of the Terms, including the Privacy Policy or of an applicable law; (v) your submission, posting, or transmission of User Content to the Services and our use thereof; or (vi) your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will fully cooperate with us in asserting any available defenses. 

12. Text Messaging

 

12.1. Text messaging consent and terms. By using the Services, you agree that Toe Bumpers and those acting on our behalf may, in certain circumstances, send you recurring automated text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You acknowledge and agree that your voluntary provision to Toe Bumpers of your phone number when collected for purposes of promotional and marketing text messages, whether that election is made via an opt-in checkbox, submitting your phone number to a designated form, requesting enrollment via text message or another method, represents your consent that Toe Bumpers (or its messaging service provider) may contact you by telephone, SMS or MMS messages at that phone number for marketing and promotional purposes.

 

You may opt-out of receiving marketing text messages at any time by texting STOP to any text message from us or sending an email to info@toebumpers.com, indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that do not include the “STOP” keyword command and agree that Toe Bumpers and its service providers will have no liability for failing to honor such requests. If you do not want to receive operational text messages from us, do not use the Services. If you unsubscribe from one of our text message programs, you further acknowledge that you may continue to receive text messages from Toe Bumpers through our other text message programs you may have joined until you separately unsubscribe from those programs. For example, if you unsubscribe from receiving promotional and marketing text messages, you may still receive text messages about your account or orders for transactional, operational, or informational purposes unless you unsubscribe from those text messages as described above, and even in such event you may still receive individual texts from our third-party delivery partners to enable successful delivery of your order. Text the keyword HELP to our shortcode to return customer care contact information.

Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. Carriers, text messaging platforms, and Toe Bumpers are not liable for delayed or undelivered messages. You verify that the phone number provided to us is true and accurate and that you are the current subscriber or owner of the phone number that you provided. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details. Message frequency may vary. Toe Bumpers reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.

12.2 E-SIGN Disclosure. By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending a message to info@toebumpers.com. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact us via info@toebumpers.com with contact information and the address for delivery.

16. Controlling law

 

These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the State of Delaware without regard to its conflicts of law principles. Except as provided in the mandatory arbitration Section 14 above, any dispute arising out of these Terms or the use of the Services shall be initiated and conducted in the state or federal courts of Los Angeles, in the State of California and you and Our Place consent to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

The parties agree that most disputes can be resolved without resorting to formal legal action. Therefore, before taking any formal action, you agree to contact us at ATTN: Legal, 3924 Tuller Avenue, Culver City, CA 90230, with a copy to legal@fromourplace.com, and provide your name, a brief, written description of the dispute, your contact information and a description of the specific relief you seek. Before we take any formal action against you, we will notify you via the contact information we have on file associated with your account/purchase with a brief description of the dispute and next steps. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

17. General terms

 

17.1 Notices. We may deliver notice to you by email listed on your account or order, posting a notice on the Services, or any other method we choose and such notice will be effective on dispatch. In the event that the last e-mail address you provided to Toe Bumpers is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, you agree that Toe Bumpers dispatch of the e-mail containing such notice will nonetheless constitute effective notice. 

18. Copyright Policy

 

Our Place respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Toe Bumpers will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Toe Bumpers' sole discretion and without notice, who infringe copyrights or other intellectual property rights.

 

19.Contact us

If you have any questions about these Terms, please contact us at: info@toebumpers.com.