Acceptance of Agreement
All Content is owned and controlled by Trail Toes Phenomenal Ultra Extreme Anti Friction Foot Cream (Trail Toes, LLC), Schertz, TX 78154, or its approved affiliate party that is credited for providing certain content. All of the Content including, but not limited to the "look and feel" of the Site, is protected by trade dress, trademark, unfair competition, and other laws, and it may not be copied or imitated in whole or in part. Except after receiving express written permission from Trail Toes, LLC. None of our logos or other element(s) including graphics, texts, sounds, videos or image(s) from the website may be copied or retransmitted without our specific permission. All Intellectual property maintains certain legal rights and protections which are addressed in greater detail below.
All Content is owned or controlled by Trail Toes Phenomenal Ultra Extreme Anti Friction Foot Cream (Trail Toes, LLC), Schertz, TX 78154 or a party(ies) that is authorized and allowed to provide certain content. All of the Content including, but not limited to the "look and feel" of the website, is protected by trade dress, trademark, unfair competition, and other laws, and it may not be copied or imitated in whole or in part without receiving express written permission from Trail Toes, LLC. Specifically, no logo or other element(s) including any graphic, text, sound, video or image(s) from the website may be copied or retransmitted.
- Pursuant to U.S. copyright laws, other copyright laws and international conventions, the Trail Toes Website is protected by copyright, and as such all users must agree to abide by any and all notices of copyright.
- 2. Except as otherwise set forth in the limited use license in Section 5, or as required under applicable law, no Content or anything within the Site may be used, reproduced, modified, duplicated, copied, sold, resold, accessed, or otherwise exploited, in whole or in part, for any purpose without the prior and express written consent received from Trail Toes, LLC.
- No users will be authorized to copy or store any Content or ideas from our website without prior written permission. The copyrighted material on our website includes but is not limited to the "look and feel" of the Site and all logos, trademarks, service marks, text, images, graphics, video clips, button icons, audio clips, data compilations and software all of which is the sole property of Trail Toes, LLC, and as such is protected by laws governing all copyrights and trademarks.
- Names, images, logos and certain phrases used on pages of the Trail Toes website and/or those identifying trailtoes.com products and services are the proprietary marks of Trail Toes. Trail Toes has made all reasonable attempts to satisfy the requirements of Copyright. Should any Copyright issues arise, please contact Trail Toes at Trailtoes@yahoo.com immediately.
- Trail Toes, LLC owns a trademark in the U.S. They are displayed on our website and printed material and included on, but not limited to, our products, product information and packaging.
- You are prohibited from using the Trademarks without prior and express written consent received from Trail Toes, LLC, or as otherwise specified in these Terms and Conditions.
- You agree not to delete any trademark or similar notice from Content you are legally permitted to obtain from the Site. You should refer any questions concerning the use of Trademarks to Trail Toes, LLC.
Your Limited License for Personal Use
All users must understand and agree that they are only permitted to access our website for personal use pursuant to the revocable and non-exclusive limited license that is granted to you by Trail Toes in this Section 5.
You represent, warrant and covenant that you are at least thirteen (13) years of age, and that you will not:
- use the Site or any Content except for your personal use;
- upload, post, distribute or otherwise publish through the Site any materials which impact or restrict any other user from enjoying and using the Site, and you will not redistribute, republish, transmit, sell, license or, except for caching or as necessary to view the Site, download the Site or any and/or all Content;
- use framing techniques to enclose or to frame the Site or any part of it;
- reverse engineer or modify either the Site or any and/or all Content or to base on them, create any derivative works;
- collect or use account information for the benefit of yourself or another party;
- use any "hidden text" or any meta tags utilizing any and/or all Content; or
- take any other action that may impose an unreasonable burden or load on our Site infrastructure including, but not limited to use of software robots, spiders, crawlers, or similar data gathering and extraction tools.
This limited license also requires that you must retain, without any modification, all proprietary notices on or contained in the Site.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited license that is set forth in this Section 5 without prejudice to any other remedy provided by applicable law or in these Trail Toes, LLC Terms and Conditions.
Links to Off-site Addresses and Pages
- All links from our Site to addresses and pages that are not part of our Site ("links") are provided for information and convenience only. Trail Toes, LLC cannot accept responsibility for the links, or the information found there.
- Links do not imply an endorsement, and similarly, not linking to a web address or third party site does not imply lack of endorsement.
- Using links is at your own risk. Trail Toes is in no way responsible for examining or evaluating other addresses and sites, and does not warrant the offerings of off-site addresses and pages or any other websites linked to or from our Site.
- Trail Toes does not assume any responsibility or liability for the actions, content, products, or services of other address, pages and other websites, including, without limitation, their terms and conditions and privacy policies.
- When you visit any off-site addresses, pages and other websites, you should carefully review their terms and conditions and privacy policies.
Links from Other Sites to Our Home Page
Trail Toes allows you to create a hyperlink but only to our Trailtoes.com home page. However, if you create or use the created hyperlink, it and you will not:
- replicate any Content of this Site in whole or in part;
- imply in any way that Trail Toes is endorsing you, your website, or any of you or your websites products of services;
- misrepresent anything about the nature of the relationship between Trail Toes and hyperlink site;
- use Trademarks without prior written permission received from Trail Toes;
- create or use a hyperlink that connects in any way to any material that is or could be construed to be unlawful, threatening, offensive, abusive, obscene, libelous, controversial, defamatory, pornographic, distasteful, profane, indecent, or inappropriate for any ages;
- plagiarize, violate or infringe on the rights of any third party including, without limitation, rights of privacy or publicity, copyright, trademark, or any other rights of any third party;
- connects in any way to any material that contains a virus or anything harmful or potentially harmful, or that contains any advertising of any kind; and
- portrays Trail Toes, LLC or our products or services, in a derogatory, misleading, false, or otherwise offensive or objectionable manner, or associates Trial Toes, LLC with inappropriate and/or undesirable products, services, or opinions.
By using our Trail Toes Website it is understood that you have read, understand and agree that, by our sole discretion, Trail Toes, LLC may request that you remove any link to the TrailToes.com website, and upon receipt of such request from Trail Toes, . In addition, it is understood you will immediately remove such link(s) and cease to link in any way to the Site except if Trail Toes, LLC subsequently, separately, and expressly in writing authorizes a linking resumption.
Any unauthorized use of any hyperlink(s) by you automatically terminates your right(s) to hyperlink to the Trail Toes Website without prejudice to any other remedy provided by applicable law or in the Trail Toes, LLC Terms and Conditions.
Without notice or liability and at any time, we may change, suspend or discontinue anything on the Trail Toes Website. In addition, we may restrict access to the Website and any parts of the Website, that includes the premise that we may also impose limits on certain features and services of the Website.
We do not represent or endorse the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through our Trail Toes Website. Through your use, you as the user, acknowledge and agree that if you rely upon any such message, advice, opinion, statement, memorandum, or information it shall be at your sole risk. We shall not have any duty to correct any errors or omissions anywhere on the Website.
- Trail Toes, LLC attempts to make all information on the Site as accurate as possible at the time of inclusion; but to the extent permitted under laws that apply, we accept no liability for any inaccuracies or omissions. Further we do not warrant that the descriptions of products, information and other content on the Website and colors, including hypertext links or any other items used either directly or indirectly from the Website, are accurate, complete, reliable or free of error, and without notice. We note that at times there may be inadvertent and occasional errors, we reserve the right to make changes and corrections at any time, and for apologize in advance for doing so.
- Any decisions based on information contained in the Trail Toes website are the sole responsibility of the visitor, and Trail Toes accepts no liability for any direct, special, indirect, or consequential damages, or any other damages of whatsoever kind, resulting from whatever cause through the use of any information obtained either directly or indirectly from the Trail Toes Website.
Your Responsibilities, Obligations
- When you access or use our Site, you are agreeing to comply fully with our Terms and Conditions and instructions for access or use when posted on our Site. You agree to always act in good faith and in accordance with the law. You also agree not to make any change or alteration to our Site or to any of the Content or services that are on the Site, and you agree that you will not impair in any way the operation and integrity of our Site.
- 2. Without limiting the generality of any other provision of these Terms and Conditions, you shall be liable for all the losses and damages caused to Trail Toes, LLC Online, our affiliates, partners or licensors if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions.
Policy on Registration, Payment
- Though you may be required to register to use certain portions of the Trail Toes Website, this registration does not impose any duty on us to provide any particular service to you.
- If payment is required by you to receive any goods or services that we offer, you agree to pay all charges including applicable taxes to your account in accordance with the billing terms in effect at the time all of the charges and taxes become payable. Trail Toes reserves and retains the right to change the amount of, or basis for determining, any fees or charges, and to establish new fees or charges as we see fit or necessary.
- We have, and reserve the right, to suspend or terminate your account for any valid reason including, but not limited to, your failure to pay any applicable fees and charges, at any time, and without any advance notice.
Sales and Use Tax Policy Statement
- Trail Toes, LLC has prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.
- IMPORTANT NOTICE: However, even if Trail Toes, LLC does not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, NewHampshire, or Oregon. Some states require purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.
- Trail Toes, LLC COLLECTS SALES TAX in states where we have physical presence and currently only includes Texas.
- Trail Toes, LLC DOES NOT COLLECT SALES TAX in any state NOT listed above because we are not required to collect either sales or use tax in these states.
- FOR OUR TAX-EXEMPT CUSTOMERS: Trail Toes, LLC DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.
- Do not register for an account on the Trail Toes Website if you are not over thirteen (13) years of age. If you are and do register, your account will have an email address/username and password. It is your responsibility to maintain the confidentiality of all three of them. Your are responsible solely for restricting access to your computer.
- You agree to keep all of your information current, complete, accurate and truthful. Also you must agree to accept responsibility for all activities that occur in connection with your account, username and/or password.
- If you ever access and use the Trail Toes Website with someone else's information or on behalf someone else, it is understood that you are representing that you have the necessary authority to bind that person as the principal to all Terms and Conditions provided herein. If for any reason you do not have such authority, you agree that you are bound to these Terms and Conditions and accept liability for harm and wrongful use of our Website or its content resulting from such access or use.
- We reserve the right, without prior notice, to refuse service and/or terminate accounts for violation of these Terms and Conditions or if we decide, in our sole discretion, that it would be in Trail Toes, LLC Online's best interests to do so.
Products, Services and Personal Use
The Trail Toes products and services available on our website as well as any samples of Trail Toes Foot and Body Products we may provide to you, are for your personal use. You will in no way be permitted to sell, or resell, any of the products, or samples of the products you receive from us. With or without notice, we have the expressed right, to cancel or reduce the quantity of any order to be filled or products to be provided to you that, by our discretion, we believe may result in the violation of any previous agreement.
We cannot guarantee uninterrupted access to the Site, or the sites to which it links. We accept no responsibility for any damages arising from the loss of use of this information.
Special Features, Functionality, Events
If you make a Submission, you are representing and warranting that you own or otherwise control the all rights to your Submission(s). You are further representing and warranting that your Submission does not contain software viruses or any form of "spam", does not constitute commercial solicitation, and it is not any kind of chain letter or mass mailing.
You agree not use a false email address and that you will not impersonate any person or entity, and will not otherwise mislead us as to the origin of any Submission. You agree to indemnify Body Glide for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
If one or more of these terms and conditions, or any part of them shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
You agree by accessing and using the Trail Toes, LLC website to these Terms and Conditions and that they are and shall be governed by U.S. Law and are subject to the exclusive jurisdiction of U.S. Courts.
Further, in any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions, are and shall be governed by the laws of the state of Texas ("TEXAS") USA without regard to its conflicts of laws rules, and as if the Terms and Conditions were a contract wholly entered into and wholly performed within the state of Texas. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Texas and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction in the United States and/or other countries. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Limitation of Liability, Representations and Warranties
THE WEBSITE, INCLUDING ALL OF ITS CONTENT, MATERIALS AND INFORMATION, FUNCTIONS AND OFFERS MADE AVAILABLE ON THE WEBSITE OR ACCESSED THROUGH OR SENT FROM THE SITE, IS PRESENTED AND PROVIDED "AS IS." TO THE FULLEST EXTENT PROVIDED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ABOUT THE WEBSITE, ITS CONTENT AND THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT, AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE OR OTHERWISE), YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY DELAYS OF ACCESS OR ACCESS INTERRUPTIONS TO THE SITE, INTERRUPTION OF BUSINESS, ANY SORT OF LOSS OR DAMAGES INCURRED AS A RESULT OF INTERACTION WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE, NON-DELIVERY OF DATA, CORRUPTION, MISDELIVERY, DESTRUCTION OR OTHER MODIFICATION, EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL, OMISSIONS IN CONTENT OR ANY INACCURACIES OR MALFUNCTIONS, SYSTEM FAILURES OR COMPUTER VIRUSES, WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING THROUGH HYPERLINK TO OR FROM THIRD PARTY WEBSITES.
WE WILL NOT BE LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, RELATED TO THIS SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT ANY CLAIM(S) OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY NOT BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ALLEGED CAUSE OF ACTION RELATING TO SUCH CLAIM(S) OR ACTION AROSE.
Consent to Electronic Receipt of Notices on the Site and Via Email
You agree that any agreements, notices, disclosures and other communications that Trail Toes provides to through electronic means on our website will satisfy any and all legal requirement that such communications be in writing. You must notify us of your withdrawal of such consent by emailing us at Trailtoes@yahoo.com to withdraw your consent to receive notices electronically. If you request this, it is further understood that you will discontinue use of the website immediately.
You acknowledge and agree that these Terms and Conditions constitute the sole, entire and exclusive agreement between you and Trail Toes, LLC concerning your use of the Trail Toes Website, and they supersede and govern all prior proposals, agreements, or other communications.
We reserve the right to change these Terms and Conditions at any time. Changes may be posted on the website announcing any such changes. Any changes will be effective immediately upon posting to the website. Thereafter, your continued use of the website constitutes your agreement to all changed Terms and Conditions. With or without prior notice, we may terminate any of the rights granted by these Terms and Conditions. You agree and will immediately comply with any termination or other notice, including, as applicable, by ceasing all use of the website if properly notified to do so.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between Trail Toes, LLC and the user. If Trail Toes, LLC fails to require your performance of any provision hereof, it shall not affect our full right to require such performance at any time thereafter, and our waiver of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. If, in any event, any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Please email us at Trailtoes@yahoo.com if you have any questions regarding these Terms and Conditions.