Terms

Terms Of Service Last Updated: June 1, 2017

Welcome to the Attrenti Website (“Website”). The Website is operated by Attrenti, Inc. a Delaware Corporation (referred to herein as “Attrenti”). This Terms of Service governs the use of the Attrenti Website. When using or accessing the Attrenti Website, you are agreeing to be bound to the terms within this Terms of Service and our Privacy Policy. This policy may refer to users as “you” or “user” and may refer to Attrenti as “us,” “we,” or “our.” If you do not agree to the terms within this Terms of Service and the corresponding Privacy Policy, please do not access or use the Attrenti Website. 

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE ATTRENTI  WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, AND HAVE THE AUTHORITY TO AGREE, TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF SERVICE, OUR PRIVACY POLICY AND ANY OTHER LEGAL NOTICES OR GUIDELINES POSTED ON THE WEBSITE, WHICH SHALL BE INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE. 

PRIVACY 

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how Attrenti collects and uses the information you share on our Website. We encourage you to read the information contained in the Privacy Policy to make informed decisions.

RIGHT TO CHANGE WEBSITE CONTENT AND TERMS OF SERVICE

The Website will be updated as product offerings change, or as the communication needs or desires of Attrenti develop. Attrenti makes no guarantees that content provided through the Website, the Website itself or any related services will remain available to the public. Attrenti may also update or alter the layout, designs, or links within the Website. Attrenti is not liable to you or to any third party for any modification, suspension or discontinuation of the Website or any related services.

Attrenti reserves the right to update and change these Terms of Service, in its sole discretion, without notice. The “Last Updated” date at the top of these Terms of Service will indicate when the latest modifications were made. If we make a change to these Terms of Service that materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. New features that change the current Attrenti Website shall be subject to these Terms of Service. If you continue to use the Website after any such updates or changes, you shall be deemed have consented to such updates or changes. If any update or change to these Terms of Service is not acceptable to you, your only remedy is to stop accessing and using the Website.

LINKS TO THIRD PARTY WEBSITES

Attrenti may link to third party websites through the Website or in promotional emails. Attrenti makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the Website or in promotional emails do not create any control or endorsement relationship, or any affiliation with Attrenti is not responsible for any content, goods or services provided on or through these third party websites, and reserves the right to remove these third party links from the Attrenti Website or from future promotional emails at any time. Please review the terms of use or privacy policies of these third party websites for rights and restrictions related to such third party websites.

CONDITIONS OF PREORDERS

Should you choose to pre-order a pair of shoes from Attrenti, you agree:

  • To provide to payment information at the time you order a pair. The payment shall be processed upon the time of order, not shipment.
  • The Estimated Delivery Date listed is not a promise to fulfill by that date, but is merely an estimate of when Attrenti hopes to fulfill by.

Attrenti shall make a good faith attempt to fulfill each order by its Estimated Delivery Date. However, Attrenti reserves the right to cancel an order at any time and for any reason, upon providing a refund to you. Attrenti is not liable for any damages as a result of any of those actions beyond a refund of the pre-order price.

RIGHT TO REFUSE OR LIMIT ORDERS

All purchases through the Attrenti Website are subject to product availability, though we do try to give estimates on shoe arrivals, and accept pre-orders to assist in your planning. Attrenti may, in its sole discretion, limit or cancel the quantities of any product or service offered on its Website, and may limit the sales of products or services to any person, household, geographic region or jurisdiction. To limit quantities, Attrenti may track sales to specific mailing addresses or credit cards. If a product does not ship, but you have provided a method of payment, any charges made through that payment method will be reimbursed for the unshipped items. 

USE OF ATTRENTI’S INTELLECTUAL PROPERTY

Unless otherwise noted, the Website, and all materials on the Website including text, images, illustrations, designs, graphics, sounds, icons, photographs, video clips and other materials, and the selection and arrangement thereof, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Attrenti and other trademarks appearing on the Website are the trademarks of Attrenti or its affiliates, including the represented designers or companies of the products being offered.

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

COLOR & PRODUCT DESCRIPTION LIMITATIONS

Although Attrenti strives to provide you with accurate information regarding our products, the photos of the products are examples of the product(s) being sent to you and may not be photos of the exact product(s) being sent, and therefore slight variations may occur.  Additionally, the colors depicted on your screen may not accurately reflect the actual colors of our products due to variations in color settings on computers or mobile devices. We do accept returns of unworn shoes, and a detailed return and exchange policy is located in our FAQ page or Privacy Policy page.

CONSENT TO ELECTRONIC COMMUNICATION

By providing information to the Attrenti website, such as signing up for a newsletter or promotion, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

LIMITATION OF LIABILITY

THE ATTRENTI WEBSITE IS INTENDED FOR PERSONAL USE.  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ATTRENTI AND ITS SUBSIDIARIES, AGENTS, LICENSORS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU; (II) YOUR VIOLATION OF ANY TERM OF OUR TERMS OF SERVICE OR PRIVACY POLICY INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES YOU MAKE IN THE TERMS OF SERVICE OR PRIVACY POLICY; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION.

DELIVERED CONFIDENTIAL INFORMATION BY USER

We are grateful for your feedback on the Attrenti shoes and love hearing stories about you standing comfortably tall, however, except for information necessary to place an order, joining a mailing list, or asking questions regarding our products, Attrenti, discourages users from sending any confidential or proprietary information through the Website. Absent an additional agreement, any information, materials, suggestions, ideas or comments sent to Attrenti through this form, by mail, or by email will be considered non-confidential, and by submitting it, you are giving Attrenti the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you 

COMMENTS & FEEDBACK

In compliance with your rights under California Civil Code 1789.3, you have the right contact Attrenti with any complaints or to seek additional information. You may email Attrenti at info@attrenti.com. You may also call (650) 200-0411. For any physical documents, you may send mail to: Attrenti, Inc.  PO Box 544, San Mateo, CA 94401.

If California users have any questions or complaints about Attrenti they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

ARBITRATION

By accessing or using the Attrenti Website you agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, blog or any related services (collectively, "Disputes") will be settled by binding arbitration between you and Attrenti in front of a neutral arbitrator, and not a judge or jury. YOU AGREE TO GIVE UP YOUR RIGHT TO GOT TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights).  YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND ATTRENTI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Attrenti otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding

ARBITRATION RULES AND GOVERNING LAW

Arbitration shall take place San Mateo, California, using California law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as provided in these Terms of Service (the AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 WAIVERS

The failure of Attrenti to exercise or enforce any provision of these Terms of Service shall not constitute a waiver of such right or provision, of any other provision or of Attrenti’s right to require strict observance of each remaining term. If any provision or section of these Terms of Service is found to be unenforceable or invalid for any reason, that provision or section shall be severable, and all other provisions shall remain in full force and effect. These Terms of Service and the corresponding Privacy Policy constitute the entire agreement between Attrenti relating to your use of the Website, superseding any prior agreements between you and Attrenti (including, but not limited to, any prior versions of these Terms of Service).