Terms Of Service Last Updated: June 1, 2017
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
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
CONSENT TO ELECTRONIC COMMUNICATION
LIMITATION OF LIABILITY
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 firstname.lastname@example.org. 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.
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.