TERMS AND CONDITIONS

This is the official Terms of Use Agreement (“Agreement”) for theheelrack.com (“TheHeelRack Website”, “Site”, “Website”, “we”). This Website is operated by TheHeelRack. Please read this Agreement carefully because it explains your rights and responsibilities.

Your Agreement and Acceptance
By using and/or visiting this Website, you agree to be bound by (1) all the terms and conditions contained in this Agreement, and (2) TheHeelRack’s Privacy Policy, found at theheelrack.com, which is incorporated herein by reference.

TheHeelRack Accounts
By creating an account, you are agreeing to all Terms and Conditions and to receive both TheHeelRack account holder and promotional emails from TheHeelRack. You may unsubscribe from receiving marketing and promotional emails at any time.

We may require you to create an account in order to access some features of the Website. When creating your account, you must provide complete and accurate information as prompted.

You are solely responsible for protecting the security and confidentiality of your account password and identification, and you will be responsible for any activity that occurs on your account.

You must notify TheHeelRack immediately of any breach of security or unauthorized use of your account.

TheHeelRack will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by TheHeelRack or others due to such unauthorized use.

Use of the Website
TheHeelRack hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:

You agree to comply with all applicable local, state, national and international laws and regulations.

You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal.

You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.

You agree not to violate or attempt to violate the security of the Website, and you agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other person’s use and enjoyment of the Website.

You agree not to use the Website for any commercial use.

You agree not to use the communication systems provided by the Website for any commercial solicitation purposes (for example, you agree not to solicit for commercial purposes any users of the Website regarding their User Submissions).

TheHeelRack reserves the right to discontinue any aspect of the TheHeelRack Website at any time.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the TheHeelRack Website.

The Content on the TheHeelRack Website, except all User Submissions (as defined below), including without limitation, the text, button icons, images, photos, graphics, sounds, music, videos, interactive features, software and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TheHeelRack, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “as is” and is intended solely for your personal, noncommercial use. Accordingly, you agree not to download, copy, reproduce, republish, upload, post, transmit, broadcast, display, sell, license, or otherwise distribute for any commercial purpose whatsoever any Content from this Website without the prior written consent of the respective owners. TheHeelRack reserves all rights not expressly granted in and to the Website and the Content.

You shall not download any User Submission unless you see a “download” or similar link displayed by TheHeelRack on the TheHeelRack Website for that specific User Submission.

User Comments are made available “as is”, and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise distributed in any manner not intended by the normal functionality of the TheHeelRack Website or otherwise as prohibited under this Agreement.

You may access TheHeelRack Content, User Submissions and other content only as permitted under this Agreement. TheHeelRack reserves all rights not expressly granted in and to the TheHeelRack Content and the TheHeelRack Website.

You understand that when using the TheHeelRack Website, you will be exposed to User Submissions from a variety of sources, and that TheHeelRack is not responsible for the accuracy, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are offensive, objectionable, or inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheHeelRack with respect thereto, and agree to indemnify and hold TheHeelRack and Indemnified Parties harmless to the fullest extent allowed by law in connection with all matters related to your use of the Website.

In addition, we use first and third-party technologies including session replay software to enable us and third-parties to collect information about you and your interactions with our sites and services (including clicks, cursor movements, keystrokes). By using our sites or services, you agree to the use of these technologies. For more information, please see our Privacy Policy.

Resale
Items purchased from this Site are sold to you for your personal use and not for resale. You are prohibited from purchasing products for the purpose of reselling such products to others, including using any online marketplace such as, but not limited to, Amazon, eBay, Walmart.com, etc. TheHeelRack reserves the right, at TheHeelRack’s sole discretion, to limit the quantity of items sold or to refuse sale of items to any customer at any time.

User Submissions
As a TheHeelRack account holder, you may submit video content (“User Videos”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” TheHeelRack does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting a User Submission, you automatically grant TheHeelRack a perpetual, royalty-free, irrevocable nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and display such materials or incorporate such materials into any form, medium or technology now known or later developed.

In connection with User Submissions, you agree that you will not submit material to the Website that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, rogue programs or other harmful code or properties.

TheHeelRack does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and TheHeelRack expressly disclaims any and all liability in connection with User Submissions.

TheHeelRack does not permit infringement of intellectual property rights on its Website. Accordingly, TheHeelRack will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. TheHeelRack reserves the right to remove Content and User Submissions without prior notice.

TheHeelRack respects and honors the intellectual property rights of others. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may request removal of those materials by following our process and submitting written notification that complies with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”) to our Copyright Agent.

Risk of Loss
The risk of loss and title for items you purchase from this Website will pass to you upon delivery of such items to the carrier.

Termination of Access or Account
TheHeelRack reserves the right to refuse service, terminate accounts, or restrict or terminate your access to the Website at any time and for any reason, with or without cause, without prior notice, and without any liability or further obligation of any kind whatsoever to you or any third party. TheHeelRack reserves the right to decide whether Content or a User Submission is appropriate and complies with the terms of this Agreement. TheHeelRack may remove such User Submissions any time, without prior notice and at its sole discretion.

Links to Third Party Sites
The Website may contain links to third party websites that are not owned or controlled by TheHeelRack. TheHeelRack has no control over and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve TheHeelRack from any and all liability arising from your use of any third-party website. We encourage you to be aware of when you leave the TheHeelRack Website and to review the policies of every website that you visit.