All Good Feet Arch Supports are covered by a lifetime limited warranty, except the Hug, Enduraflex, Sport/lex, and TSS (6 month limited warranty), and the Alznner (5 year limited warranty). All limited warranties, whether for a lifetime or a shorter duration, run from the date of the Arch Support’s original purchase from an authorized Good Feet franchise, and is provided exclusively to the original owner of the Arch Support and may not be transferred by the original owner to any other person.
A. MANUFACTURER’S WARRANTY COVERAGE
For all Good Feet Arch Supports covered by either a lifetime limited warranty or a shorter limited warranty, Good Feet warrants the Arch Supports against breakage or flattening for the term of their respective warranties. The warranty is also limited to, and only covers, the shell of the Arch Support. The warranty does not cover leather material or any leather-covered Arch Support. Leather resoles are available upon request. All Good Feet Arch Supports are manufactured in the USA.
B. MANUFACTURER’S WARRANTY REMEDY
Good Feet is dedicated to serving your Arch Support warranty needs. Your satisfaction with your Good Feet Arch Support is our primary concern, and we are available to assist you with any Arch Support warranty question or concern you may have. However, if during the term of your Arch Support’s warranty there is a defect causing breakage or flattening, or a defect in the shell of the Arch Support, Good Feet will, at its sole option: 1. repair or replace the defective Arch Support with an Arch Support, or component part or material, of like kind or quality; or 2. Refund the purchase price of your Arch Support to you.
NOTE: For Arch Supports purchased in the state of California, the Arch Support is warranted to be specifically fit for the particular needs of you, the buyer. If the device is not specifically fit for your particular needs, it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later. If you return the device, the seller will either adjust or replace the device or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.
C. MANUFACTURER’S GENERAL WARRANTY INFORMATION
1. When asking to enforce the limited warranties set forth in this Warranty Information Card, you must first provide notice of any alleged problem, defect, condition or concern involving your Arch Support to Good Feet, or an authorized Good Feet franchisee within a reasonable time of your first discovery of the alleged problem, but at no point later than 13 months of your first discovery.
2. In order for Good Feet to evaluate your warranty claim, you must return the Arch Support with proof of purchase from an authorized Good Feet franchisee, and you must provide proof of original ownership. Add applicable shipping & handling fees (see fee information on Warranty Registration Card) and send to:
DR.’S OWN, LLC 5923 Farnsworth Court, Carlsbad, CA 92008
3. Return of the Limited Warranty Tracking and Identification Card is not a requirement for warranty coverage, and does not diminish your warranty rights.
D. MANUFACTURER’S WARRANTY EXCLUSIONS
1. The limited warranties provided in this Warranty Information Card do not cover defects caused by:
a. Failure to follow Good Feet’s Wearing and Care Instructions For Your Arch Support that are provided with your Arch Support at the time of purchase and available on the Good Feet web site (goodfeet.com).
b. Improper or unreasonable use, lack of maintenance (as set forth in Good Feet’s Wearing and Care Instructions), abuse, accident, negligent acts, neglect, improper packing, shipping, unauthorized repair, tampering, alteration, or modification (as determined solely by Good Feet), acts of third parties, or other non-warrantable acts that fall outside of Good Feet’s reasonable control, or failure to follow Good Feet’s instructions pertaining to its Youth Re-Fitting Program.
E. MANUFACTURER’S LEGAL RIGHTS NOTICE
1. GOOD FEET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THE WARRANTIES MADE HEREIN, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY.
2. ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHICH ARE NOT EFFECTIVELY EXCLUDED OR DISCLAIMED HEREIN ARE LIMITED IN DURATION TO THE TERMS STATED IN THIS WARRANTY, OR THE TERMS PRESCRIBED BY STATE LAW, WHICHEVER ARE SHORTER. Some states do not allow the exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
3. GOOD FEET IS NOTRESPONSIBLEFOR ANY SPECIAL,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OR LOSS OF, USE OF, OR FAILURE OF YOUR PRODUCT TO PERFORM AS WARRANTED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST SERVICES, COST OF SUBSTITUTE SERVICES, LOST PROFITS
OR SAVINGS, LOSS OF USE OF THE ARCH SUPPORT, COST OF SUBSTITUTE ARCH SUPPORT, AND EXPENSES ARISING OUT OF THIRD-PARTY CLAIMS. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY (TO THE EXTENT PERMITTED BY LAW) AS A RESULT OF DEFECTS OR FAILURES OF THE ARCH SUPPORT CAUSED BY, BUT NOT LIMITED TO, THE FOLLOWING: LOSS OF, IMPROPER USE OR UNREASONABLE USE, LACK OF MAINTENANCE (AS SET FORTH IN GOOD FEET’S WEARING AND CARE INSTRUCTIONS),ABUSE,ACCIDENT,NEGLIGENT ACTS,NEGLECT, IMPROPER PACKING, SHIPPING, UNAUTHORIZED REPAIR, TAMPERING, ALTERATION, MODIFICATION (AS DETERMINED SOLELY BY GOOD FEET), ACTS OF THIRD PARTIES, OR OTHER NON WARRANTABLE ACTS THAT FALL OUTSIDE OF GOOD FEET’S REASONABLE CONTROL, OR FAILURE TO FOLLOW GOOD FEET’S INSTRUCTIONS PERTAINING TO ITS YOUTH RE-FITTING PROGRAM. GOOD FEET’S MAXIMUM LIABILITY UNDER ANY WARRANTY, EXPRESSED, IMPLIED, OR STATUTORY, OR FOR ANY MANUFACTURING OR DESIGN DEFECTS, IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
4. THE BUYER’S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY OR FOR MANUFACTURING OR DESIGN DEFECTS SHALL BE ONLY AS STATED HEREIN.
5. WHERE THE BUYER IS A NATURAL PERSON, AND TO THE EXTENT APPLICABLE LAW SO PROVIDES, NOTHING IN THESE LIMITED WARRANTIES SHALL OPERATE OR SHALL BE CONSTRUED TO OPERATE TO EXCLUDE OR RESTRICT THE LIABILITY OF GOOD FEET FOR DEATH OR PERSONAL INJURY CAUSED TO THE BUYER BY REASON OF THE NEGLIGENCE OF GOOD FEET OR ITS SERVANTS, EMPLOYEES, AGENTS OR FRANCHISEES.
6. UNLESS MODIFIED IN A WRITING SIGNED BY BOTH PARTIES, THIS AGREEMENT IS UNDERSTOOD TO BETHE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES, SUPERCEDING ALL PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES. NO EMPLOYEE OF GOOD FEET OR ANY OF ITS FRANCHISEES, OR ANY OTHER PARTY, IS AUTHORIZED TO MAKE ANY WARRANTY IN ADDITION TO THOSE MADE IN THIS AGREEMENT.
7. THIS AGREEMENT ALLOCATES THE RISKS OF PRODUCT FAILURE BETWEEN GOOD FEET AND THE BUYER. THIS ALLOCATION IS RECOGNIZED BY BOTH PARTIES AND IS REFLECTED IN THE PRICE OF THE ARCH SUPPORT. BUYER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND IS BOUND BY ITS TERMS.
F. HOW TO OBTAIN WARRANTY SERVICE
For Warranty Service see Good Feet’s web site (goodfeet.com/warranty-registration), or call (800) 509-4535. If you need to return your product for warranty service, include applicable shipping & handling fees (see fee information on Warranty Registration Card) and send to:
DR.’S OWN, LLC 5923 Farnsworth Court, Carlsbad, CA 92008
H. CHOICE OF LAW AND FORUM
With regard to any dispute (excluding disputes seeking injunctive or other equitable relie where the total amount of the award sought is less than $10,000 (U.S.), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance based arbitration. If a party elects arbitration, and the other party consents to arbitration, the requesting party will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a. the arbitration shall be conducted by telephone, online and/ or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Except as otherwise agreed by the parties, you agree that any lawsuit you may have against Good Feet must be brought in state or federal court located in San Diego County, California. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such lawsuits. This agreement shall be governed in all respects by the laws of the state of California, without regard to conflict of law provisions, and without regard to whether the issues are considered disputes or lawsuits.
I. IMPROPERLY FILED LITIGATION
All lawsuits you bring against Good Feet must be governed in accordance with the above section entitled Choice of Law and Forum. All lawsuits filed or brought contrary to the above section shall be considered improperly filed and a breach of the parties’ agreement. Should you file a lawsuit contrary to the above section, you agree that Good Feet is entitled to recover its reasonable attorneys’ fees and costs (including in-house attorneys and paralegals), provided that Good Feet has notified you in writing of the improperly filed lawsuit, and you have failed to properly withdraw the lawsuit within 10 days of receipt of the notification.
© 2021 Dr.’s Own, LLC All Rights Reserved