Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using the web site located at "www.inchwormshoes.com" and the pages and services contained therein, you agree to these terms and conditions. If you do not agree to these Terms and Conditions, you should not use the Service. Inchworm reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you have registered on or with the Service and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service. To understand our privacy practices, please review our Privacy Policy, which also governs your use of the Service.

TRADEMARKS AND COPYRIGHTS

Inchworm, the Inchworm logo, Achieve Inchworm, iFit technology, and other Inchworm trademarks are trademarks of Inchworm, Inc. All other trademarks on the Service are the property of the respective trademark owners. Unauthorized use of these trademarks is prohibited by law. All designs, web pages and source code comprising the Service are copyrighted by Inchworm, Inc. beginning in 2002. All rights reserved.

RESTRICTIONS ON USE

All content and material on the Service, such as text, graphics, logos, photographs, icons, images, audio and video clips, and software are the property of Inchworm or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of Inchworm, Inc. and protected by U.S. and international copyright laws. Content and material from the Service and any other web site owned, operated, licensed, or controlled by Inchworm, Inc. may not be copied, except by a user solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Inchworm. Modification or use of the content or material for any other purpose would violate Inchworm's and/or its licensors' intellectual property rights. The content and material in the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software are licensed non-exclusively to you by Inchworm and/or its licensors. Inchworm does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

Third-Party Links

The Inchworm may link to other web sites which are not maintained by Inchworm, Inc. and which are owned and operated by third parties. You acknowledge that Inchworm is not responsible for the operation of, or content located on or through, any third-party web sites. The inclusion of a link to such web site does not imply endorsement by Inchworm and/or the Service. Viewing of any web site linked to the Service is at your own risk.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT ALLOWED BY LAW, INCHWORM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Restriction of Liability

Inchworm will not be liable for any damages or injury caused by the use of the Site, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Inchworm will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on Inchworm's part or an authorized Inchworm representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent allowed by law, Inchworm's total liability to you for all losses, damages, and causes of action will not be greater than the amount you paid to access this site.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts.

Termination

These terms and conditions are applicable to you upon your accessing the website(www.inchwormshoes.com). Inchworm may prevent your access to the website immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions. In addition, these terms and conditions, or any part of them, may be terminated by Inchworm, Inc. without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.