Last Updated: May 16, 2022
About this Privacy Statement
GF Oregon Inc., dba Good Feet, together with any licensors, affiliates, successors, and assigns (“Good Feet,” “us,” “our,” and “we”), is committed to protecting the privacy of individuals who visit, use, and actively enter information into the website located at https://mygoodfeet.com/ (the “Site”) operated by Good Feet (collectively, “Users”). Users may at times be referred to in this Privacy Statement as “you.” This Privacy Statement describes Good Feet’s information practices in relation to your use of the Site. This Privacy Statement also applies to information collected by Good Feet through offline contacts it may have with you.
Please read this Privacy Statement carefully before you access and use the Site. Your usage of the Site signifies to us that you have read and understood all of the terms of this Privacy Statement. You may also be presented with additional opportunities to review this Privacy Statement when taking certain actions on the Site.
This Privacy Statement explains:
- What Personal Information we collect about you when you use the Site, why we collect it, who we disclose it to and how long we keep it for;
- How we use your Personal Information;
- How we protect your Personal Information; and
- How you can control your Personal Information, including how to access and update the information we hold about you, as well as any legal rights you may have related to your Personal Information.
Modifications to this Privacy Statement
We may need to update or revise this Privacy Statement from time-to-time in response to changing legal, technical, or business developments. We will post any new or revised Privacy Statement here, and you should review this Privacy Statement regularly to make sure that you are aware of its terms. You can determine if this Privacy Statement has been revised since your last visit to the Site by referring to the “Last Updated” date at the top of this Privacy Statement. Good Feet will also provide notification of significant changes to this Privacy Statement through the Site. If we intend to use earlier-collected Personal Information and Automatically-Collected Information in accordance with the terms of the revised Privacy Statement and doing so would result in a use for a different purpose than stated at the time of collection, where required by law we will request your express consent prior to such use.
WHAT PERSONAL INFORMATION WE COLLECT ABOUT YOU
Good Feet uses certain digital analytics tools on the Site that help us analyze website usage and performance when you visit and use the Site, such as cookies, which are discussed in more detail below. The information we collect automatically typically does not include any individuals’
names or contact information. Rather, as you navigate and browse the Site, these analytics tools automatically collect and store information about your visit to and use of the Site, such as: the date and time of your visit, the duration of your visit, the type of browser and browser language you use, your Internet Protocol (“IP”) address, mobile device ID, type of computer or other operating device used, the actions you take on the Site (such as the web pages viewed and the links clicked), the website(s) (if any) from which you linked to the Site, and the website(s) you visit after visiting the Site. All such information is referred to in this Privacy Statement as “Automatically-Collected Information,” and may be considered Personal Information depending on applicable privacy laws.
This Automatically Collected Information allows us to better understand the visitors to the Site, where they come from, and what content on the Site is of interest to them. It also helps us to maintain the security and operation of the Site. We only ever use this Automatically Collected Information for our internal analytics purposes, to diagnose problems with our servers, and to improve the quality, performance, and functionality of the Site.
Personal Information Provided by Others
Good Feet may obtain Personal Information from other third-party sources, including our customers and business partners, as well as publicly and commercially available sources. We may combine the information we receive from these third-party sources with information that we collect from you or automatically collected information from your device, as described above, in order to provide the Site and our services to you and other customers.
HOW WE USE YOUR PERSONAL INFORMATION
As described above, you may voluntarily provide Personal Information to us in several ways. PLEASE NOTE THAT YOU DO NOT HAVE TO PROVIDE US WITH YOUR PERSONAL INFORMATION TO BROWSE THE SITE, AND YOU ARE NEVER UNDER ANY OBLIGATION TO PROVIDE YOUR PERSONAL INFORMATION. However, if you do not provide your Personal Information, you may not be able to use certain features of the Site to interact with us. When you do provide us your Personal Information, you indicate to us your understanding that we will use that information to fulfill the purposes identified herein in accordance with the terms of this Privacy Statement and to store your information on our servers located in the United States. You understand that your Personal Information may be subject to the laws of the United States, and that it may be accessible to governments, tribunals, law enforcement and regulatory agencies in the United States.
Use of Personal Information and Automatically-Collected Information Generally
We also may use both Personal Information and Automatically-Collected Information to help diagnose problems with the Site, to analyze statistical use patterns and demographic data, and to improve our services. We may use your Personal Information and Automatically-Collected Information to customize and tailor your experience using the Site, displaying content we think you might be interested in and according to your preferences.
COLLECTION AND USE OF AUTOMATICALLY-COLLECTED INFORMATION
As described above, Good Feet uses commonly-used information-gathering tools, such as cookies, to collect Automatically-Collected Information as you navigate the Site. Good Feet also uses Automatically-Collected Information to operate and improve the Site, including to analyze what Users are looking at most frequently so we can recognize and deliver more of the desired features and services. This section describes in further detail the types of Automatically-Collected Information Good Feet may collect and how Good Feet may use this Automatically-Collected Information.
The Site uses “cookies” to make your interactions with the Site easy and meaningful. When you visit the Site, our servers send a cookie to your computer or device. The cookie is placed on your computer or device hard drive, and it assigns your computer or device a unique, random number that acts as a sort of anonymous ID. Standing alone, cookies do not personally identify you; rather, a cookie identifies the computer or device used to access the Site. A cookie cannot read data off of your hard drive. Unless you choose to identify yourself to us, such as by responding to a promotional offer or filling out a web form, you remain anonymous to Good Feet when browsing the Site; in other words, the cookie alone does not enable us to identify you personally.
Most browsers automatically accept cookies, but you can disable the acceptance of cookies at any time by changing the preferences in your browser. Most browsers also allow you to change the settings to require that the browser notify you when you receive a new cookie. Please refer to your browser for information on how to disable and control cookies. Information about managing cookies in commonly used browsers is available online from www.allaboutcookies.org. If you disable your web browser’s ability to accept cookies, you will be able to browse the Site, but you may not be able to successfully use certain features of the Site.
Third Party Analytics
We use third-party services, including Google Analytics, to track and analyze your Site activity, as well as to track websites you visit after using the Site. In order to gather this Automatically-Collected Information, we use a Google Analytics cookie on the Site. When you visit the Site, Google Analytics automatically collects information from you through the use of Google’s analytics IDs, and Google provides some of this information to us. An analytics ID is a specific string of numbers and letters (often called a “character string”) that is assigned to your computer or device but does not name you. The analytics ID allows Google to track usage data of the Site, such as date and time of visit, duration of visit, Site traffic patterns, “clickstreams,” other similar information about your use of the Site, the type of web browser used, the operating system/platform you are using, your IP address, the websites that referred or linked you to the Site, and your CPU speed. Google Analytics does not share the analytics ID assigned to your computer or device that you use to access and use the Site. Google Analytics provides information about the use of the Site to us in aggregate form (i.e., data about many Site users combined and not just about you). Some of this data might include the regional location of Site users, but again, this data will be in aggregate (and not individual) form. We rely on this aggregate data to inform us how users are using the Site and to help us improve the Site.
Social Media Widgets
Some pages of the Site include social media features, such as “buttons” or “widgets”. If you use these features they may collect which page you are visiting on the Site, and may set a cookie to
enable the feature to function properly. Social media features and widgets are either hosted by a third-party or hosted directly on the Site. See the Social Media Features section under the heading How We Share the Personal Information We Collect, below, for more details about your interactions with these features on our Sites.
HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT
Good Feet may share your Personal Information in the manners described in this section. In addition, we may also share aggregated Automatically-Collected Information that has been de-identified or otherwise rendered anonymous without restriction.
Third-Party Service Providers
Good Feet may disclose, or allow access to, your Automatically Collected Information to third party service providers to perform certain services for us, including:
- To perform certain marketing activities on our behalf, such as through promotional e-mail campaigns, social media interactions, and other digital marketing technologies;
- To perform website analytics services, as described above in this Privacy Statement; and
- To provide other services relating to the operation of the Site (such as hosting, data storage, and security).
Good Feet does not sell Personal Information to any third parties. Rather, any disclosure of Personal Information to third party service providers is solely to enable the service provider to perform the requested services on our behalf. These third-party service providers are not authorized to use your information received from us in any way, including for their own marketing efforts, other than for the purpose of providing a service on our behalf, and are required to keep the information confidential.
Merger, Acquisition, or Sale
We may transfer any and all Personal Information and Automatically-Collected Information to a third party if Good Feet is involved in a merger, acquisition, reorganization, restructuring, or other sale or transfer of all or any portion of its assets or business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings in which information of Users is among the assets transferred. In this event, we will, if allowed, use reasonable efforts to notify you when your Personal Information and Automatically-Collected Information is transferred to any third party under this paragraph by posting such notice on the Site and/or by contacting you via the Personal Information you have provided us, if any. In the event of a transfer of Personal Information as described in this section, we will instruct the third party recipient that absent your permission to do otherwise it may only use your Personal Information covered by this Privacy Statement in accordance with this Privacy Statement, even after the transfer. However, following such transfer we cannot guarantee or enforce that any such third-party will abide by Good Feet’s instruction, and any new information you provide after the transfer will likely be subject to a new policy, and you should review that policy.
Required by Law
Notwithstanding anything to the contrary in this Privacy Statement, Good Feet reserves the right to disclose your Personal Information and Automatically-Collected Information, without your
consent and without additional notice to you, if we reasonably believe we are required by law, rule, regulation, judicial proceeding, court order, subpoena, or similar legal process to do so; if we reasonably believe that disclosure is necessary to protect, establish, or exercise our rights or property, or to defend against legal claims; or if we reasonably believe that disclosure is necessary to protect our other Users or our employees, property, or business, or to take action regarding illegal activities or suspected fraud.
Social Media Features
As described above, we provide certain social media features on the Site. These features might require us to implement cookies, plug-ins, or application programming interfaces (APIs) provided by such social media platforms to facilitate the communications and features. When you provide us with information through these platforms, the information you provide is also collected and processed by the social media platform you are using, and any collection and processing thereby is performed subject to and in accordance with the privacy statements of such social media platforms, over which Good Feet has no responsibility or control. Please be aware that by choosing to use any third party social media platform or choosing to share content or communications with any social media platform, any Personal Information you provide in conjunction with such use may be collected and processed by the designated social media platform. We cannot control any policies or terms of such third party platforms. As a result, we cannot be responsible for any use of your information or content by a third party social media platform, which you disclose at your own discretion. We encourage you to review the privacy policies and practices of any social media platforms prior to use.
ACCESSING, CORRECTING AND UPDATING YOUR INFORMATION; YOUR RIGHTS REGARDING YOUR INFORMATION
Access, Review, and Modification of Information; Deleting Information
Site Users may access, update, change, or request we delete their Personal Information via the information provided in the “Contact Us” section below. Upon receipt of your request to delete or to change your Personal Information, we will use commercially-reasonable efforts to remove your existing Personal Information from our databases, but see the Section entitled “Retention and Storage” below regarding why we may retain some information. Please note that all features of the Site may not function properly if we remove any or all of your Personal Information.
Your Rights Regarding Your Personal Information
If you are based in certain jurisdictions, you may have certain rights in relation to the Personal Information we hold about you. These may include the right to request to:
- Access details related to the Personal Information Good Feet has collected about you, for example the categories of Personal Information collected, the sources of those categories, the business or commercial purposes for collecting Personal Information, any third parties with whom Personal Information is shared, and the specific pieces of Personal Information collected about you;
- Rectify any incorrect or incomplete Personal Information we hold about you
- Delete, restrict, or remove the Personal Information we hold about you
- Transfer the Personal Information we hold about you to another party; or
- Object to the sale of your Personal Information (please note that Good Feet does not currently sell Personal Information, nor has it sold any Personal Information in the preceding 12 months).
We will attempt to respond to your requests within one month and free of charge. Please note that with regard to all these rights, we reserve the right to:
- Verify your identity in order to process the request, or request further information for this purpose;
- Refuse your request based on the exemptions set out in any applicable data protection laws; and
- Charge you a reasonable administrative fee for any repetitive, manifestly unfounded, or excessive requests.
If we refuse your valid request to exercise any of these rights which you may have, we will state the reasons for our refusal and allow you to challenge our decision. If we have shared your Personal Information with others, we will inform them about your request where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly. If you wish to exercise any data protection rights that are available to you under your local data protection laws then please send your request via the “Contact Us” section provided below and we will act upon your request in accordance with applicable data protection laws.
SECURITY OF COLLECTED INFORMATION
Good Feet uses commercially-reasonable physical, electronic, and administrative security measures to assist in protecting against the loss, misuse, and unauthorized alteration of Personal Information that is under our control. Unfortunately, no data storage system, or system of transmitting data over the Internet or wireless network, can be guaranteed to be 100% secure, and no security system can prevent all security breaches. As a result, we do not and cannot guarantee the security of our servers or any Personal Information or Automatically-Collected Information provided to us in connection with your use of the Site or when you interact with us.
DO NOT TRACK
The Site does not track your online activities over time or across third-party web sites or online services, and so does not respond to browser “Do Not Track” signals. As described in this Privacy Statement, the Site may contain links to other sites or services not owned or operated by Good Feet. These websites may set cookies that obtain information about the fact that a web browser visited the Site from a certain IP address. Good Feet does not and cannot control whether such third-party sites collect any Personal Information from you if you navigate to these sites from the Site.
RETENTION, STORAGE AND REMOVAL
We may retain all Personal Information and Automatically-Collected Information in our databases for as long as necessary to perform the business purposes for which we’ve collected it, or until you ask us to remove your information from our databases, unless applicable laws require otherwise. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or aggregate it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. Note that even after you ask us to remove your information from our databases, it may be impossible to remove some information, such as information tracked in our web server log files and information that may reside in backup files. This residual information is retained to preserve the integrity of our backed-up files and for business continuity purposes. We may also retain Automatically-Collected Information even after you request that we remove your information from our databases, for use in the aggregate and to analyze and improve the Site.
Further, even after you request that we remove your information from our databases, we may retain Personal Information and Automatically-Collected Information to comply with any applicable law, rule, regulation, or guideline; to prevent fraudulent activity; to protect ourselves against liability; and to allow us to enforce our contractual or other rights and to pursue available remedies and limit any damages we may sustain.
LINKS TO OTHER WEBSITES AND SERVICES
This Privacy Statement applies only to Personal Information and Automatically-Collected Information collected through the Site or that you otherwise provide to Good Feet. The Site may contain links to other websites that are not owned or controlled by us (“Linked Sites”). We are not responsible or liable for and have not reviewed the privacy practices of the Linked Sites, or the owners or operators of the Linked Sites. The owners and operators of the Linked Sites may have their own policies regarding privacy and security. We advise you to review any Linked Sites for their own privacy practices to determine what information about you may be collected and used when you use such Linked Sites. Good Feet makes efforts to work with third parties who share our privacy commitment and practices.
For questions regarding this Privacy Statement or the information practices pertaining to the Site please contact us via the following:
16505 SW 72nd Ave
Portland, OR 97224
Last Updated: May 16, 2022
1. Modification of Terms
We reserve the right to revise these Terms at any time. We will post any revised Terms here and provide a “Last Updated” date at the top of these Terms. In some cases, we may, in our discretion, provide you with additional notice (such as by adding a statement to the homepage of our Site). Your use of the Site following such revision constitutes your acceptance of and agreement to these Terms, as revised, and the revisions will apply to your use of the Site on and after the date on which we post the revised Terms. We reserve the right to remove any content from the Site; to modify, suspend, or discontinue the Site or any portion of the Site; and/or to deny the access of any user or users to all or any part of the Site.
2. Ability to Agree to Terms; Intended Users
The Site is intended for adults only. By accessing, providing information through, or otherwise using the Site, you affirm (i) that you are at least eighteen (18) years old, or that you are between the age of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you have authority to agree to this Privacy Statement and are competent and capable of understanding and complying with this Privacy Statement.
3. User Permissions; License Grant
We hereby grant you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the Site for your informational and non-commercial purposes only, provided that you comply with these Terms. Any use of the Site and/or the content, information, and/or materials contained on the Site other than as specifically authorized in these Terms, without the prior written permission of Good Feet, is strictly prohibited and will result in the immediate and automatic termination of the license granted to you in these Terms. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication, estoppel, or otherwise.
4. Accuracy of Site
We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any information on the Site.
5. Prohibited Uses
You acknowledge and agree that you shall NOT at any time, directly or indirectly:
(a) Reproduce, modify, adapt, translate into any other language, create derivative works based on, reverse engineer (except to the extent this restriction is prohibited by law), decompile, disassemble, rent, lease, loan, sell, offer to sell, otherwise make commercial use of, republish, transmit, display, perform, distribute, or otherwise transfer all or any part of the Site or any content, information, or materials contained on the Site.
(b) Use the Site for any fraudulent or unlawful purpose.
(c) Use the Site to violate the legal rights of others or harvest or collect information about other Site users.
(d) Use any data mining, robots, or similar data gathering or extraction methods.
(e) Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, or otherwise mislead as to the origin of any information you submit.
(f) Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, policies, or regulations of our networks.
(g) Transmit or otherwise make available in connection with the Site any virus, worm, spyware, or other computer code, file, or application that may be harmful or invasive or may be or is actually intended to damage or overtake the operation of, or to monitor the usage of, any hardware, software, or equipment.
(h) Restrict or inhibit any other person from using the Site.
(i) Remove any copyright, trademark, or other intellectual property rights notice from the Site or content, information, or materials contained on the Site.
(j) Frame or mirror any part of the Site without obtaining our prior written consent.
(k) Create a database by downloading and saving content from the Site.
(l) Obtain or attempt to obtain any Site content, material, or information through any means not intentionally made available to you. You may not attempt to defeat any security measures that we take to protect the Site.
(m) Use any manual or automatic site search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. Operators of search engines are hereby granted a limited permission to use retrieval applications to reproduce materials from the Site for the purpose of and only to the extent necessary for creating publicly available searchable indices of content on the Site and only in connection with each operator’s public online search service. We reserve the right to revoke this permission in whole or in part.
(n) Otherwise use the Site or content, information, and/or materials contained on the Site other than as expressly permitted in these Terms (unless Good Feet grants you such rights in a separate written and signed agreement).
You acknowledge and agree that the unauthorized use of the Site and/or content, information, and/or materials contained on the Site could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief, without the necessity of proving damages or posting a bond or other security.
6. Intellectual Property Rights
We and our respective licensors and suppliers exclusively own all rights, titles, and interests in and to the content, information, and materials contained in the Site; the selection, arrangement, and presentation of all such content, information, and materials (including information in the public domain); the overall design, “look and feel,” color combinations, and other graphical elements of the Site; and all copyrights, trademark rights, and other intellectual property and proprietary rights in and to the foregoing.
You acknowledge and agree that the Site is provided under license, and not sold, to you. The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are either the property of, or used with permission by Good Feet, and are protected by copyright, trademark, and other laws, and may not be used except as permitted in these Terms. You do not acquire any ownership interest in or to the Site or its content, or any other rights in or to the Site or its content, other than the right to use the Site in accordance with the license expressly granted in these Terms, which license is subject to all terms, conditions, and restrictions of these Terms. For the avoidance of doubt, Good Feet and its licensors and suppliers reserve and shall retain all of their rights, titles, and interests in and to the Site and its content, and all intellectual property rights arising out of or relating to the Site and its content, subject only to the non-exclusive license expressly granted to you in these Terms. Any unauthorized use of the Site and contents thereof may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other laws and regulations.
Certain trademarks, trade names, service marks, and logos used or displayed on the Site are registered and unregistered trademarks, trade names, service marks, and logos of Good Feet and/or our licensors and/or affiliates. Your use of these marks without our prior written consent is strictly prohibited. You may not use any metatags or any other “hidden text” utilizing any of our trademarks, trade names, service marks, or logos without our prior written permission. You may not use any of our trademarks, trade names, service marks, or logos to link to the Site without our prior written permission.
Other trademarks, trade names, logos, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names, logos, and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Site without our prior written permission or the prior written permission of such third party owner. Reference to any product, service, or other information by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by or affiliation with Good Feet.
7. Links; Third-Party Products and Services
For information on how we collect, use, and store information collected through your use of the Site, view our Privacy Statement here. Your acceptance of these Terms and use of the Site constitutes your acknowledgment of and agreement to our Privacy Statement, and you acknowledge that you have read and understand our Privacy Statement. The Privacy Statement is incorporated into and made a part of these Terms by this reference.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to or use of the Site or any other breach of security, contact us at email@example.com. Additional information regarding the security of your information is included in our Privacy Statement.
10. LIMITATIONS OF LIABILITY AND DISCLAIMERS
THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE SITE WILL BE SECURE AND NOT INTERCEPTED. IF YOUR USE OF THE SITE OR THE CONTENT, INFORMATION, AND/OR MATERIAL CONTAINED ON THE SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER
ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, INFORMATION, OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION THAT YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF (i) YOUR USE OF OR INABILITY TO USE THE SITE; AND/OR (ii) ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED ON OR THROUGH THE SITE OR YOUR RELIANCE ON ANY SUCH CONTENT, INFORMATION, OR MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS “LIMITATIONS OF LIABILITY AND DISCLAIMERS” SECTION OF THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including, without limitation, negligence), or otherwise shall be USD 50.00. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.
NO STATEMENTS, WHETHER ORAL OR WRITTEN, MADE BY ANY DIRECTOR, OFFICER, MEMBER, PARTNER, EMPLOYEE, OR AGENT OF GOOD FEET OR MADE ON THE SITE MAY BE DEEMED AS A REPRESENTATION OR WARRANTY ON BEHALF OF GOOD FEET IN CONTRADICTION TO ANY PROVISION OF THESE TERMS.
You expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
11. INDEMNIFICATION BY YOU
EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD GOOD FEET AND OUR SUCCESSORS AND ASSIGNS (AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AND AGENTS) HARMLESS FOR, FROM, AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF (A) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE SITE OR CONTENT, INFORMATION, OR MATERIALS CONTAINED ON THE SITE; (B) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF RIGHTS OF ANY THIRD PARTY THROUGH YOUR USE OF THE SITE OR CONTENT, INFORMATION, OR MATERIALS CONTAINED ON THE SITE; OR (C) YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION OR YOUR VIOLATION OF THESE TERMS.
12. Audit Rights
We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Site to determine your compliance with these Terms. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including, without limitation, our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes a third party’s rights, or to enforce or defend our rights).
13. Modification or Termination of the Site
There is no guarantee that we will continue to provide the Site, and we may suspend or discontinue the Site (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Site or to modify the Site at any time, without prior notice to you.
14. Termination of Your Access to the Site
Unless prohibited by law, we may, at any time and for any reason and in addition to all other rights and remedies, terminate and block your access to or use of the Site without prior notice to you. We shall not be liable for any termination of your access to the Site. Accessing the Site after such termination will constitute an act of trespass, among other potential claims.
15. Your Discontinued Use
You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site by you, even if you are no longer using the Site.
The Site is controlled and operated from the United States, and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
17. Governing Law; Disputes
These Terms, and any claim, dispute, or action relating to the Site, will be governed by the laws of the State of Oregon, without giving effect to any conflicts of laws principles. Any claims arising under these Terms must be brought in a federal or state court located in Multnomah County, Oregon, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any claim or defense that such forum is not convenient or proper.
These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, then the unenforceable provision will be deemed superseded by an enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Good Feet. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the entire agreement between you and us relating solely to your use of the Site. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. Any rights not expressly granted in these Terms are reserved by us.
19. Equitable Remedies.
To the extent you have violated or threatened to violate Good Feet’s intellectual property rights; violated or threatened to violate the security of any person, data, Good Feet’s servers or networks, and/or the Site; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to Good Feet, and Good Feet shall be entitled to injunctive or other appropriate relief, including without limitation, specific performance (without the posting of a bond or other security and without proving damages), and you agree that Good Feet may seek such relief in any court of competent jurisdiction.
20. Contact Us
If you have any questions or comments regarding the Site, please contact us at:
GF Oregon Inc., dba Good Feet
16505 SW 72nd Ave.
Portland, OR 97224
Good Feet Mobile Application Privacy Statement This Good Feet Mobile Application Privacy Statement (“Statement”) governs your use of the Good Feet software application (the “App”). The App is used by G.F. Oregon Inc., G.F. Idaho d/b/a Good Feet (“Good Feet,” “us,” “we,” “our” ) to gather and store information about you that will be used to enhance your fitting and shopping experience. This Statement informs you about our collection, use, and disclosure practices pertaining to your information when you use the App and when we use the App to provide services to you. In this Statement, when we talk about your “use of the App, this includes our use of the App to input information that you provide to us.
IMPORTANT NOTICE: Please see the information in Section 6 below for an understanding regarding the parties with whom We may share your information, how they will use your information (including for direct marketing purposes), and how you may opt-out of our sharing of your information with these third parties.
1. Your Agreement to this Statement
When you use the App, you signify that you have read, understand, and agree to the terms of this Statement; our collection, use, and dissemination of your Personal Information (defined below) as described in this Statement; and our storage of your Personal Information on servers located in the United States. If you do not agree to all provisions of this Statement, do not use our App. You agree this Statement is supported by reasonable and valuable consideration (which consideration includes your use of the App), and you acknowledge your receipt of and the sufficiency of the consideration.
2. Intended Users
By using the App, you affirm that (a) you are at least eighteen (18) years old, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the App; and (b) that you are competent and capable of understanding, agreeing to, and complying with this Statement. The App is directed to people who are at least 13, and children under age 13 are prohibited from using the App. If you are a parent or guardian and you provide information about your child, you consent to our use of your child’s information as contemplated in this Statement.
We may update this Statement from time to time. We will post any changes to this Statement within the App. We will also notify you of any material change to this
Statement if we are required by law to do so. Any change to this Statement will apply to the information collected after the date on which we post the updated Statement.
4. Information Collected
When you use the App, you will be asked to provide us with information that personally identifies you (“Personal Information”). You are never under any obligation to provide us your Personal Information. If you choose not to provide Personal Information, however, you may not be able to enjoy certain benefits of the App. When you do provide Personal Information to us, you are authorizing us to use that Personal Information in accordance with the provisions of this Statement and to store the Personal Information on servers located in the United States.
Personal Information includes the following categories of information: (a) You will be asked to provide your full name, mailing address, email address, telephone number, shoe size, birth month and day (but not birth year), and age range. If you choose to provide this information to us, it will be entered into the App and stored and used in accordance with this Statement; and (b) you will be asked to provide information related to the reason for your visit, such as how you learned about us, Whether you have been fitted before, what products you are currently using, what products you purchased or tested in the past, and your discomfort level. If you choose to provide this information to us, it will be entered into the App and stored and used in accordance with this Statement. You may not enter any information other than the information set forth above into the App.
5.1 Personal Information, Generally
When you give us your Personal Information, we will use it for the express purpose stated when we ask for such Personal Information; to enhance your fitting and shopping experience; to assist you during future visits to our store; to contact you regarding the App or your visit, and/or to provide required notices.
5.2 Use of Personal Information for Marketing Purposes
We may use your name, mailing address, and/or email address to contact you for marketing purposes. For example, we may send you information regarding promotions or events or new products or services that may be of interest to you. At any time, you may request that we stop contacting you for marketing purposes by sending an email with your request to: firstname.lastname@example.org.
If we send you marketing emails, we will provide you with an unsubscribe mechanism to opt-out of receiving future marketing emails. It you request that we not contact you for
marketing purposes (either by using the unsubscribe mechanism or by sending us an email), we reserve the right to contact you for non-marketing purposes, such as to provide required notices or respond to your inquiries. Please see important information below regarding our parent company, Good Feet Worldwide LLC. Dba The Good Feet Store, with whom we share your Personal Information for its direct marketing purposes. And please note that if you request that we not contact you for marketing purposes (either by using the unsubscribe mechanism or by sending us an email), you will still also have to separately request of our parent company that It stop sending you marketing communications in order to stop receipt of the same. Similarly, if you request of our parent company that it stop sending you marketing communications, you will continue to receive marketing communications from us unless you request of us that we stop sending you such communications.
5.3 Other Uses of Personal Information
We may use your Personal Information to customize and tailor your experience using the App and shopping in our stores, and to analyze purchase history and trends and demographic data (including analyzing your data aggregated with our other customers’ data). We also use Personal Information as described elsewhere in this Statement.
6. Information Shared with Third Parties
Except as expressly provided below, we will not share your Personal Information with any third parties. We may provide your Personal Information to third parties as follows:
We may give your Personal Information to third-party service providers who assist us by performing services related to our operation of the App (such as hosting, data storage, and security) and performing certain marketing on our behalf. These third-party service providers are not authorized to use your Personal Information in any way other than as described in this Statement and are required to keep your Personal Information confidential.
UNLESS PROHIBITED BY LAW, WE MAY SHARE YOUR PERSONAL INFORMATION WITH OUR PARENT COMPANY, THE GOOD FEET STORE, SO THAT IT MAY SEND YOU MARKETING COMMUNICATIONS PROMOTING ITS PRODUCTS AND SERVICES. However, at any time, you may contact us to request that we not share your Personal Information with our parent company for its direct marketing purposes.
Good Feet, our parent company, and/or our third-party service providers may disclose your Personal Information if they believe in good faith that disclosure is
necessary to protect their rights or property, to protect the rights or property of others, to protect your safety or the safety of others, to defend against legal claims, to take action regarding illegal activities or suspected fraud, or to comply with a law, rule, regulation, subpoena, court order, search warrant, or similar legal process.
Good Feet, our parent company, and/or our third-party service providers may transfer your Personal Information to another entity it they are involved in a merger, acquisition, reorganization, restructuring, or other sale or transfer of all or any portion of their assets or business. Unless you consent otherwise, your Personal Information will remain subject to the terms of this Statement, even after the transfer. However, any Personal Information you provide after the transfer will likely be subject to a new privacy statement, and you should review that statement.
Controlling Your Information; Opt-Out Rights
7.1 Stop Marketing Communications
See Section 5.2 above regarding how to unsubscribe from future marketing communications from us.
7.2 Review and Modification of Personal Information
Deleting Personal Information. You can review or modify the Personal Information you have provided to us by contacting us at email@example.com. If you would like us to delete some or all of your Personal Information from our databases, you must contact us at firstname.lastname@example.org. Upon receipt of your request to delete your Personal Information from our databases, we will use commercially-reasonable efforts to remove your Personal Information from our databases; however, it may be impossible to remove residual Personal Information (see more information about this in Section 8), in which case we will retain your Personal information in accordance with our policy described in Section 8. Please note that all features and benefits of the App may not function properly or be available to you if we remove any or all of your Personal Information from our databases.
8. Retention and Storage
We may retain all Personal Information in our databases until you contact us and ask that we remove such information, unless applicable law requires otherwise. Please note that even after you ask us to remove your Personal Information from our databases, it may be impossible to remove some Personal Information, such as information tracked in our web server log files and information that may reside in backup files. Further, we may retain Personal Information to comply with applicable laws, rules, and regulations; to prevent
fraudulent activity; to protect ourselves against liability and to pursue available legal remedies; to resolve disputes; and to enforce our contractual or other rights.
9. Personal Information Stored in the United States
You understand and agree that Personal Information collected through the App will be stored in the United States. The App is operated from the United States and is not intended to (and shall not be deemed to) subject Good Feet or our parent company to non-U.S. jurisdiction or laws.
10. Contact Us
If you have questions regarding this Statement, you can contact us at email@example.com, by mail at 16505 SW 72nd Ave, Portland, OR 97224 or give us a call at (503) 431-2420.
11. Legal Disclaimer
We cannot guarantee that your Personal Information will never be compromised. No Internet or wireless network transmission is ever 100% secure, and no security system can prevent all security breaches. Further, while we employ reasonable measures to protect your Personal Information, we do not and cannot guarantee that there will be no unintended disclosures or losses of your Personal Information or that unauthorized third parties will not defeat our security measures or use non-public information for improper purposes. If we become aware that your Personal Information has been disclosed or used in a manner not in accordance with this Statement, we will use reasonable efforts to notify you of the nature and extent of the disclosure as soon as reasonably possible and as permitted by law.
If any part of this Statement is determined to be invalid or unenforceable, pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Statement shall continue in full force and effect.
© 2022 G.F. Oregon Inc. All rights reserved.