Last updated on September 1, 2018
1. Agreement between you and Tiny Feet
In order to use the Service you must agree to these Terms. However, in addition to clicking the Signup button, you may also agree to the Terms by actually using the Service. You acknowledge and agree that Tiny Feet will treat your use of the Service as acceptance of these Terms from the time you first use the Service.
Tiny Feet reserves the right to change any of the terms and conditions contained in these Terms, including the Service and/or any policies or guidelines governing the Service, at any time and in its sole discretion. While we will endeavor to provide direct notice to you of any changes, you are responsible for periodically checking the Site to determine if any changes have been made and we are not liable for your failure to do so or our failure to provide such direct notice to you. Your continued use of the Service following any revision to these Terms will constitute your acceptance of the changes or modifications to these Terms. If you do not agree to any changes to these Terms, do not continue to use the Service.
2. Tiny Feet Account Creation and Types; Web and/or Mobile Apps
In order to use the Service, you must register with us to open a Tiny Feet user account (Account). By opening an Account, you represent and warrant that: (a) all information you submit in connection with your opening and use of your Account is true, accurate, current, and complete; (b) you will promptly notify us if your information changes so that we can update our records; (c) you are aged 18 or older; the Service is not intended for persons under 18; and (d) your use of the Service does not violate any applicable law, rule or regulation. You are responsible for maintaining this information current.
You are solely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, without limitation, your user name and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. You hereby agree to notify Tiny Feet immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by Tiny Feet or any third party due to someone else using your Account, user name or password as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else's Account, user name or password at any time and for any reason. Tiny Feet is not liable to you or any third party for your failure to comply with your obligations under this paragraph.
You acknowledge and agree that all Mobile Apps shall be made available solely in accordance with the terms of the then-current end user license agreement under which each such Mobile App is made available (the EULA), which such EULA shall supersede any conflicting terms or conditions of these Terms with respect to your access to and use of the Web and/or Mobile Apps.
3. Your Privacy
Fees are set forth in the applicable pricing terms made available by Tiny Feet to you. Unless otherwise set forth in the pricing terms, you may purchase each plan summary individually with a one-time expenditure. Fees are exclusive of taxes or other charges.
To the greatest extent permitted by applicable law, and without affecting your credit card issuer's rights, you hereby waive all claims relating to fees unless you notify Tiny Feet of any dispute or other fee-related claim within thirty (30) calendar days of the fees being charged to your credit card.
To the greatest extent permitted by applicable law, any refunds of fees are at the sole discretion of Tiny Feet. Nothing in these Terms obligates Tiny Feet to extend credit to any person. You acknowledge and agree that any credit card and related billing and payment information that you provide to Tiny Feet may be shared by Tiny Feet with third party service providers who work on Tiny Feet's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Tiny Feet and servicing the applicable Account. Tiny Feet may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Tiny Feet shall not be liable for any use or disclosure of such information by such third parties.
Tiny Feet may change its fees and/or payment terms at its discretion; provided however, that such changes will not take effect until the next monthly billing cycle. You will be notified of any such changes (including notices posted on the Site or sent to your registered e-mail address).
You are solely responsible for properly configuring and using the Service and taking your own steps to maintain appropriate security, protection and backup of any data. Tiny Feet is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data that you submit or use in connection with your Account or the Service.
6. Tiny Feet's Proprietary Rights
You hereby acknowledge and agree that Tiny Feet (or its licensors) own all legal right, title and interest in and to the Site and Service, including, without limitation, any intellectual property or other proprietary rights which subsist in the Site and Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and Tiny Feet, all materials on the Site, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of the Site and its content (except for your data), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site, are all owned by Tiny Feet or licensors.
Nothing in these Terms gives you any right to use any of Tiny Feet's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by Tiny Feet under these Terms are reserved.
Subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, Tiny Feet hereby grants you a limited, personal, worldwide, royalty-free, non-transferable, non-sublicensable and non-exclusive license to use the Service for your personal use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Tiny Feet, in the manner permitted by these Terms.
During, and after the termination of, your use of the Service, you will not assert, nor will you authorize or assist any third party to assert, against Tiny Feet or any of the Tiny Feet Parties (as defined below), any patent infringement claim with respect to the Service.
7. Service Use Restrictions
You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Service or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Service, or any other systems or networks connected to the Site or Service, or to any Tiny Feet server, by hacking, password mining, or any other illegal means; (b) use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Service; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service or any transaction being conducted on the Site or through the Service, or with any other person's use of the Site or Service; (d) breach any security measures implemented on the Site or in the Service; (e) track or seek to trace any information on any other person who visits the Site or uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to Tiny Feet in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service or Site for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; or (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the any Tiny Feet proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service.
You hereby agree that you will notify Tiny Feet if you become aware that the Site or Service is being used for any illegal or unauthorized purpose.
8. Exclusion of Warranties
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER TINY FEET NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
YOUR USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND SERVICE ARE FURNISHED TO YOU AS IS AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. TINY FEET, ON BEHALF OF ITSELF AND THIRD PARTY SERVICE PROVIDERS, AND TINY FEET'S AND IT'S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE TINY FEET PARTIES): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICE, OR DATA PROVIDED THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND TINY FEET. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TINY FEET or ANY PERSON ON BEHALF OF TINY FEET SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THESE TERMS, THIS SECTION 8, OR SECTION 9 BELOW, SHALL EXCLUDE OR LIMIT TINY FEET'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
9. Limitation of Liability
SUBJECT TO SECTION 8.3 ABOVE, IN NO EVENT WILL TINY FEET OR THE TINY FEET PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SERVICE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF TINY FEET OR THE TINY FEET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO ACKNOWLEGE AND AGREE THAT TINY FEET AND/OR THE SERVICE CANNOT ELMINATE CERTAIN RISKS OR EVENTS, EVEN THOSE EVENTS THAT THE SERVICE IS DESIGNED TO AVERT, INCLUDING BURGLARIES AND ROBBERIES. TINY FEET MAKES NO WARRANTY OR GUARANTY THAT THE SERVICE WILL AVERT SUCH RISKS OR EVENTS AND/OR THEIR CONSEQUENSES. TINY FEET DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR ANY OTHER PERSON, MAY BE SUBJECT TO INJURY OR LOSS. THE ALLOCATION OF SUCH RISK REMAINS WITH ME AND NOT TINY FEET. I RELEASE, WAIVE, DISCHARGE, AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST TINY FEET FOR LOSS, DAMAGE, OR INJURY RELATING TO THE SERVICES PROVIDED BY TINY FEET.
TINY FEET AND THE TINY FEET PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE OR SERVICE. IF, NOTWITHSTANDING THE FOREGOING, TINY FEET OR ONE OF THE TINY FEET PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, TINY FEET OR THE RELEVANT TINY FEET PARTY'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO TINY FEET DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO BUZZ ME IN'S LIABILITY.
You hereby agree to indemnify, defend and hold harmless Tiny Feet and the Tiny Feet Parties (each an Indemnified Party), from and against any and all liability and costs (including, without limitation, attorneys' fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your use of the Service; (b) any breach or alleged breach by you of these Terms; or (c) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation.
11. Changes to Service
Tiny Feet is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which Tiny Feet currently provides may change from time-to-time without prior notice to you. Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to fees and payment policies, security patches, additional functionality, reduced functionality, and other enhancements.
12. Termination of Service
You may stop using the Service at any time by closing your Account, or ceasing to use the Service. In each such event, you will not be entitled to any refund of any fees that you have paid prior to you ceasing to use the Service.
Tiny Feet reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, these Terms; (b) Tiny Feet is required to do so under any applicable law, rule or regulation; (c) the Service relies on data, services or another business relationship between Tiny Feet and a third party service provider, and such relationship terminates or changes in such a way that affects Tiny Feet's ability to continue providing the Service; (d) continuing to provide the Service could create a substantial economic burden on Tiny Feet as determined by Tiny Feet in its sole discretion; (e) continuing to provide the Service could create a security risk or material technical burden as determined by Tiny Feet in its sole discretion; or (f) your use of the Service is excessive and/or negligent (i.e., you frequently forget your passwords, or frequently change, delete and re-create Account information (such as locations with different telephone number requirements).
Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Service, shall continue to apply to you after you cease to use the Service.
Tiny Feet may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Site or Service.
13. Governing Law and Venue
These Terms will be construed and enforced in all respects in accordance with the laws of the state of Oregon, without reference to its choice of law rules. Except as set forth below, the federal and state courts seated in Portland, Oregon shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that Tiny Feet may seek to enforce any judgment in its favor in any court of competent jurisdiction. Notwithstanding the foregoing, Tiny Feet may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights. You agree that your breach of these Terms may result in immediate and irreparable damage to Tiny Feet for which there is no adequate remedy at law. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms, including, without limitation, application to the Site or Service. Furthermore, these Terms (including without limitation, the Site and Service) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.
14. Miscellaneous Legal Terms
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