Welcome to the misefootwear.com website (the “Site”), which is owned and operated by MISE (“we”, “us”, or “MISE”). These Terms of Service (these “Terms”) set forth the mutual agreement between MISE and you as to your rights and responsibilities when you access or use the Site.
1 Acceptance; Scope
MISE may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms.
The Site may contain links to third-party websites not owned by MISE. MISE has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Site, you expressly release MISE from any and all liability arising from your use of any third-party website.
2 Your Account
In order to access certain features of the Site, including your purchase history, you will have to create an account by providing your email address and creating a password. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify MISE immediately and change your password.
3 Limited License; Use of Content
MISE grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of MISE’s services made available through the Site (collectively, the “Services”), as well as the contents of the Site (the “Content”), including text, graphics, images, videos, and material contained in or obtained on the Site, subject to these Terms. This license is personal to you and may not be assigned or sublicensed to anyone else. You may only use the Services and Content for personal, non-commercial use as intended and permitted under these Terms and may not use the Services or Content for any other purpose. For avoidance of doubt, this license does not include any rights regarding resale or commercial or derivative use of the Services or the Content. You agree not to reproduce, retransmit, distribute, disseminate, sell, license, publish, broadcast or circulate the Services or the Content to anyone without MISE’s express prior written consent.
All Content posted on the Site is protected by applicable copyright and trademark laws. MISE authorizes you to view or download a single copy of the Content on the Site solely for your personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Content (for example: "©2021 MISE").
MISE, and its licensors, vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by MISE and appearing on the Site. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or terminate without notice in the sole discretion of MISE. All rights not expressly granted herein are reserved to MISE.
If you violate any of these Terms, your license to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4 Code of Conduct
In accessing or using the Site, you agree that you will not:
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Violate any applicable laws or regulations;
- Circumvent, disable or otherwise interfere with security features of the Site;
- Defame, harass, stalk, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
- Spam, hack into or deface the Site, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
- Harm or exploit minors; or
- Use the Site for any commercial, advertising or solicitation uses or to collect any personally identifiable information about others.
5 Termination; Account Deletion
MISE may terminate, suspend or disable your access and use of the Site (or any part thereof) or delete your account if MISE determines, in its sole discretion, that you have violated any provision of these Terms. If MISE deletes your account for any of the reasons set forth herein, you may not re-register to use the Site. MISE may block your email address and Internet protocol address to prevent further use or account registration. If you believe that MISE has suspended or terminated your account in error, you may contact us at firstname.lastname@example.org at any time. Upon termination, all licenses granted by MISE will terminate automatically and immediately.
You use the Site and the Content voluntarily and at your own risk. The Site and the Content are provided on an "AS IS" and on an “as available” basis. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MISE and its suppliers. Accordingly, MISE assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
To the full extent permissible by applicable law, MISE expressly disclaims any and all warranties of any kind, whether express or implied, STATUTORY OR OTHERWISE, in connection with the SITE, THE CONTENT, AND YOUR USE OF THE SITE, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third parties’ rights, and any other warranty that might arise under any law.
Without limiting the foregoing, MISE expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of the Content; (b) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site; (c) unauthorized access to or use of Site; (d) interruption or cessation of transmission to or from the Site; or (e) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site.
7 Limitation of Liability
To the fullest extent permitted by law, MISE will not be liable to you for any damages (including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from (a) the use of or inability to use the Site or the Content; (b) errors, omissions, or inaccuracies of the Content; (c) tangible or intangible property damage or loss of any nature whatsoever resulting from your access to and use of the Site; (d) any unauthorized access to or use of our servers or any and all personal information stored on such servers; (e) any interruption or cessation of transmission to or from the Site; (f) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (g) any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available through the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not MISE has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall MISE be liable for damages incurred by you exceeding U.S. $1,000 irrespective of fault or negligence. In consideration of your use of the Site you hereby waive and release MISE from any such claim for damages. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and you are limited to those remedies expressly provided for in these Terms.
Applicable Law; Venue. By using the Site, you agree that the laws of the State of Delaware will govern these Terms, without regard to principles of conflicts of law. Any dispute relating in any way to your use of the Site shall be adjudicated in any State or Federal Court in Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.
Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
If you have any questions, please contact us via email at email@example.com.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without MISE’s prior written consent. MISE may assign these Terms without restriction.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Last Revised: December 12, 2021