Terms and Conditions

These Terms of Use contain provisions that govern how claims between you and us are resolved (See Section 21, Binding Individual Arbitration; Class Action Waiver below). This includes an obligation to arbitrate certain claims through binding and final arbitration, unless you opt out of the arbitration when you accept these Terms. Unless you opt out, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

TERMS OF USE

Last updated: August 24, 2020

These Terms of Use ("Terms") are a legal and binding agreement between you and Implus Footcare, LLC (referred to herein as "Implus”, “we”, “us”, or “our”) governing your access to and use of the websites located at www.implus.com, www.rocktape.com, and www.fmtplus.com (collectively, the “Site”), all content, features, functionality, offers, and recommendations made available through the Site (the “Online Services”), and your placement of orders for the products available on the Site (“Products”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE SITE AND ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT VISIT THE SITE, USE THE ONLINE SERVICES, OR ORDER PRODUCTS THROUGH THE SITE.

1. Modifications

We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms. Your continued access to and/or use of the Site and Online Services after any such modifications constitute your acceptance of the Terms as modified. If any modification to these Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms.

2. Privacy

Please review our Privacy Policy (the “Privacy Policy”) to understand Implus’s privacy practices regarding your use of the Online Services.

3. Use

Implus hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Online Services solely for your personal, non-commercial use in accordance with these Terms. You shall not, in any way, otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site or Online Services.

Implus may at any time, for any reason, and without notice: (a) modify, suspend, or terminate operation of or access to the Online Services, or (b) change, revise, or modify the Online Services or Products listed thereon.

4. Ownership and Intellectual Property Rights

The Site, Online Services, and all Implus software, systems, technology, and know-how (“Implus Technology”) are owned by or licensed to Implus and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. Implus is an authorized distributor of the Products. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Online Services are owned by or licensed to Implus and protected by U.S. and international trademark laws (collectively, the “Marks”). You agree that Implus and its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Site, Online Services, Marks, and Implus Technology (collectively, the “Implus Intellectual Property”), and that no interest therein is transferred to you.

Nothing herein shall confer any grant or license of any Implus Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Implus Intellectual Property.

5. Restrictions on Use

You shall not:

• reproduce, distribute, or publically display the Site or Online Services;
• adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, Online Services, or any Implus Technology or Implus Intellectual Property;
• prepare derivative works based on the Site, Online Services, or any Implus Technology;
• remove, obscure, or modify any copyright, trademark or other proprietary rights notices, Marks or labels contained on or within the Site, Online Services, Products, or any Implus Technology;
• frame, mirror, or in-line link the Site or Online Services, or incorporate into another website, application, or other service any Implus Intellectual Property;
• use the Site, Online Services, or the Implus Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
• attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
• interfere with any access control measures or attempt to disable or circumvent such security features;
• post, transmit, submit, or include any viruses, code, or programming routines intended to damage the Site or Online Services;
• post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
• submit or post any false or misleading information; and/or
• violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of Implus, its licensors, or any other person or entity related to the Site, Online Service, or Products.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Online Services, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

6. Accounts

As a part of the Online Services you may be required or allowed to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You shall maintain the confidentiality and security of the information you hold for your account login or information for orders made from your account. You agree to notify us immediately of any unauthorized use of your login or payment information. Implus shall not be liable for any loss or damage arising from your failure to comply with these obligations. Implus may reject any order of any Products for any reason in its sole discretion.

7. Placing an Order

Placing an order in your shopping cart does not guarantee the availability of the Products. All orders are subject to availability. We reserve the right to decline your order in the event that we or our agents are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, or we do not have the item in stock.

We do not sell products through our Site to persons under the age of 18.

8. Returns and Exchanges

Implus shall not be obligated to accept returns. No return will be accepted unless approved in writing by Implus. Returns of worn and/or embellished Products will not be accepted. Authorized returns may be subject to a fifteen percent (15%) restocking fee.

9. Payment

Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit or debit card or other payment method. All credit or debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit or debit card rejects authorization of payment to us, we will not be held liable for any delay or non-delivery.

10. Taxes and Shipping Charges

We charge sales tax for orders delivered in the United States as required by the applicable state law. All shipments are handled either by USPS, UPS, or FedEx. A shipping, handling and insurance charge is added to each order. Our Online Services and Product delivery are currently available for customers billing and shipping only within the United States.

11. Product Descriptions

Product images and descriptions may change. All products are photographed to show as much detail as reasonably possible. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. Implus does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If you have any questions regarding the size, color, or any other physical aspect of a particular item, please contact us as provided below in the Contact Us Section.

12. Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site or otherwise to us, including without limitation, reviews that you post through the Site (“Submissions”). You understand that, except for any personal information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary. Furthermore, you grant Implus an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, remove from the Site, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to Implus and grant the licenses set forth above; (b) Implus will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms and all applicable laws and regulations.

Implus takes no responsibility and assumes no liability for any Submission.

13. Ideas

You acknowledge and agree that any original ideas, feedback, or suggestions that you send us regarding our stores, products, or otherwise (“Ideas”) are submitted by you on a voluntary, non-confidential, gratuitous, and non-committal basis. We have no obligation to treat any Idea as confidential or proprietary, pay compensation for any Idea, or to respond to any Idea, and we have the right to use or disregard, in whole or in part, any Ideas. We will not be liable for the use of any Ideas nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Idea you submit. If you submit an Idea to us, we will have the right to use, exploit and do with the Idea as we determine, without notice or compensation to you or consent from you, as if the Idea was original and proprietary to us.

14. Notifications of Claimed Copyright Infringement

Implus is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Implus will promptly process and investigate notices of claimed infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). All notifications of claimed copyright infringement must be submitted to the following Designated Agent for the Site in the manner described below:

Your notification of claimed Infringement must include the following:

• physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Implus to locate the material;
• information reasonably sufficient to permit Implus to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
• statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright owner.

15. Disclaimer of Warranties

THE SITE, PRODUCTS, AND ONLINE SERVICES ARE PROVIDED "AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IMPLUS DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SITE, ONLINE SERVICES, AND PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. IMPLUS SHALL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. IMPLUS MAY DISCONTINUE ANY ASPECT OF THE SITE, DISCONTINUE ANY PRODUCT OFFERINGS, OR THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, IMPLUS DOES NOT GUARANTEE THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

If you are dissatisfied with the Online Services in any way, your sole and exclusive remedy is to discontinue accessing and using the Online Services.

16. Limitation of Liability

IN NO EVENT SHALL IMPLUS, ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, PRODUCTS, OR ONLINE SERVICES OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF IMPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL IMPLUS’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE SITE OR ONLINE SERVICES AND/OR THESE TERMS, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless Implus and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms.

18. Electronic Communications

When you visit or use the Site or Online Services, or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

19. Links

The Site and our emails may contain links to other third party websites and social media pages (“Linked Sites”). These Terms only apply to the Site and do not apply to any Linked Sites. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

20. Governing Law

These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of North Carolina without regard to conflict of law principles. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms in whole or in part and/or to your purchase of Products.

21. Binding Individual Arbitration; Class Action Waiver

YOU AND IMPLUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

(a) Informal Resolution.

If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to legal@4implus.com so that we may attempt to resolve the dispute informally with you within sixty (60) days from the date your complaint is received.

(b) Arbitration.

Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Implus, its employees, officers, directors, agents and third party service providers in connection with the Online Services, the Products, these Terms, or the interpretation, breach, termination, or validity thereof (a “Dispute”), will be resolved by binding arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures then in effect in arbitrating any Dispute, as modified by these Terms. The JAMS rules are available at www.jamsadr.com.

Notwithstanding the foregoing, arbitration is not required for (i) individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) Implus’s right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; (v) the enforceability of the Class Action Waiver clause below.

You and Implus agree that whether a Dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court.

The arbitration hearing will be held in Durham, North Carolina. If you are an individual consumer (an "Individual Consumer"), and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in the Governing Law Section. The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow North Carolina law, exclusive of conflict or choice of law rules, in adjudicating the dispute.

The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms will be governed by the Federal Arbitration Act. You agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by you and Implus.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator's award will be written, and binding, on Implus and you and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, Implus will pay all arbitration administrative fees and fees for the arbitrator's services, other than the filing fee required for you to initiate a claim.

If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs, or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by these Terms to have been brought to arbitration, then the other party will be entitled to such party's reasonable attorneys' fees incurred in successfully compelling arbitration.

Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Durham, North Carolina. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.

If a Dispute must be arbitrated, you or Implus must start arbitration of the Dispute within one (1) year from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than one year after the Dispute first arose, you must start arbitration in that earlier time period. Implus encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.

(c) Class Action Waiver.

YOU AND IMPLUS AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OR IN CONNECTION WITH THE GAME MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You further agree that will not participate in any class action (existing or future) brought by any third party arising under these Terms or in any way in connection with the Products or Online Services. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Durham, North Carolina.

(d) Your 30-Day Right to Opt Out.

You have the right to opt out of and not be bound by the arbitration and class action waiver provisions set forth in these Terms. To exercise this right, you must send written notice of your decision to the following address: 2001 T.W. Alexander Drive, Box 3925, Durham, NC 27709-3925, Attn: Legal Dept. Your notice must include your name, mailing address, and state that you do not wish to resolve disputes with Implus through arbitration. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you first accepted these Terms or purchased a Products unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this Section. You are responsible for ensuring that Implus receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, Implus will not be bound by them with respect to Disputes with you.

22. Violation of these Terms and Remedies

Implus may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and Online Services if we determine that you have violated these Terms. You agree that any violation, or threatened violation, by you of these Terms may cause irreparable harm to Implus, and therefore you agree that Implus shall be entitled to injunctive or equitable relief.

23. General Provisions

If, for any reason, a court of competent jurisdiction or arbitration proceeding determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect. Implus’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Implus hereof will be deemed effective unless in writing. Implus shall not be liable for any delays or failure in performance of any part of the Online Services or delivery of the Products, from any cause beyond Implus’s reasonable control. Such causes include, but are not limited to, acts of God, changes in law, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party service providers.

These Terms constitute the entire agreement between Implus and you with respect to your use of the Site and the Online Services and supersede all previous written or oral agreements relating to the subject matter hereof.

24. Contact Us

If you have any questions or concerns about the Site, these Terms, or our Products please contact us as follows:

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