Terms of Use
OVERVIEW
This website is operated by Fleet Feet. Throughout the site, the terms “we”, “us” and “our” refer to Fleet Feet. Fleet Feet offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
TERMS OF USE
Last Reviewed on: February 5, 2025
These Terms of Use are between you and Fleet Feet, Incorporated (“Fleet Feet”, “we,” or “us”). The following terms, conditions, policies, and notices (collectively, “Terms of Use”) govern your access to and use of the website located at www.fleetfeet.com (“Website”) and the Fleet Feet mobile application (“App”), including any content, materials, information, functionality, tools, products, promotions, rewards programs, contests, sweepstakes, and other services offered on or through the Website or App (collectively, the “Services”). No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by Fleet Feet.
Please read these Terms of Use carefully before you start accessing or using any of the Services.
1. Acceptance and Related Terms.
In addition to these Terms of Use, there are other terms like our Privacy Policy, Return Policy, SMS Terms of Use, and Fleet Feet Milestones Policy, and other terms, conditions, policies, and notices that apply to the Services, in whole or in part, now or in the future (collectively, “Other Terms”). These Other Terms are incorporated by reference. You accept and agree to be bound by these Other Terms. If these general Terms of Use conflict with any of the Other Terms, those Other Terms will control.
By accessing or using any of the Services, you accept and agree to be bound and abide by the Terms of Use and the Other Terms, both for yourself and on behalf of all members of your household and others who use any of the Services under your Account (defined below) or through your internet connection. If you do not want to agree to these Terms of Use or the Other Terms, you must not access or use any of the Services. The Terms of Use and Other Terms apply to any and all users of any of the Services, including without limitation users who are browsers, visitors, customers, vendors, merchants, and contributors of content.
These Terms of Use and the Other Terms apply to any future modifications of the Services, including new features, tools, products, services, or content.
2. Change of Terms; Modification and Termination of the Services.
We reserve the right to update, change, or replace any part of the Terms of Use or Other Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of any of the Services thereafter. It is your responsibility to check the Terms of Use and Other Terms periodically for changes. Your continued access to or use of any of the Services following the posting of any changes to the Terms of Use or Other Terms constitutes your acceptance of and agreement to the changes.
We reserve the right to immediately and without notice terminate your access to and use of the Services for violating any of these Terms of Use or Other Terms. We may also do so if we suspect in our sole judgement that you have violated any of these Terms of Use or Other Terms. We reserve the right to refuse service to anyone for any reason at any time in our sole discretion.
We may at any time in our sole discretion modify the Services, including, without limitation, terminating or canceling them, removing them indefinitely, limiting them, disabling them, adding to them, changing them, updating them, and changing their accessibility and technical components. We are not required to provide you notice of any changes.
3. General Restrictions.
The Services are provided for use only by persons located in the United States who are either the age of majority or who use the Services with the consent of their legal guardians. By agreeing to the Terms of Use and Other Terms, you represent that you are at least of the age of majority in your state of residence and can form a binding contract with us, or that you are the age of majority in your state of residence and you have given your consent to allow any of your minor dependents to access or use the Services.
You are responsible for making all arrangements necessary for you to have access to the Services. You are responsible for making sure all persons who use the Services through your Account or internet connection, or who are otherwise in your household, are aware of and comply with these Terms of Use and the Other Terms.
4. Fleet Feet Account. [1]
To access or use some of the Services or receive other benefits, you may need a Fleet Feet Account (“Account”). You do not need an Account to make purchases from the Services. To create a fleetfeet.com account, go to fleetfeet.com and click on "Account" in the upper righthand corner. Below the Sign In button, click "Create Account" and follow the steps from there. Note, you can also create an account with your local Fleet Feet store by making a purchase in-store. Please email support@fleetfeet.com for more information.
Any information you provide to us to create the Account or through the Account is subject to our Privacy Policy. You are responsible for ensuring all information is correct, current, and complete. You should keep all information associated with your Account confidential. You are solely responsible for all activity that is conducted through your Account. You agree to notify us immediately of any unauthorized access to or use of your Account, Account credentials, or any other breach of security. You should ensure that you exit from your Account at the end of each session. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
To voluntarily delete your Account, please email privacy@fleetfeet.com with the request. Fleet Feet reserves the right to terminate Accounts in its sole discretion.
5. Intellectual Property Rights.
All of the Services, including any and all content, features, and functionality (including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Fleet Feet, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services. Copies of the Services that are stored by your computer, mobile device, or web browser temporarily for normal viewing purposes are permitted. You may also download or print a reasonable number of pages from the Website or App for personal, non-commercial use and not for further reproduction, publication, or distribution. If you violate this term you must, at our option, return or destroy any copies of the materials you have made.
The “Fleet Feet” name, logos, and all other related names, logos, product and service names, designs, and slogans are trademarks of Fleet Feet or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
6. Products and Services Available for Sale.
There are opportunities to purchase products and services from the Fleet Feet Parties using the Website or App. As available, some products may be eligible for delivery to your home or pick-up at a local Fleet Feet store. Certain products or services may be available exclusively online through the Website or the App. These products or services may have limited quantities. All products purchased through the Website or App are subject to our Return Policy. Products and services offered and sold through the Services are for personal, non-commercial use only and are not for resell or distribution. Sale of products and services through the Website or App is limited to people who are the age of majority in their state of residence and who can form a binding contract with us. Any information you provide to purchase products and services is subject to our Privacy Policy. You are responsible for ensuring all information is correct, current, and complete.
All descriptions of products and services and prices, discounts, and promotions are subject to change at any time without notice, at our sole discretion. Prices of products and services may vary by location and may be different than prices in your local Fleet Feet store. We may modify (including suspending or discontinuing) any product or service at any time and will not be liable to you or third parties for such modifications. We do not guarantee the accuracy, reliability, currentness, or completeness of any descriptions, colors, or images of products presented on the Website or App.
We reserve the right, but are not obligated, to limit the sale or offer of products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Any offer made by us for any product or service is void where prohibited.
[For products that are delivered to you, the risk of loss and title for products passes to you upon our delivery to the shipment carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept payments through PayPal, Google Pay, Venmo, debit card, credit card and Fleet Feet Gift Card for all purchases on the Website and App.
You represent and warrant that:
· the payment information you supply to us is true, correct, and complete.
· you are duly authorized to use such payment method for the purchase.
· charges incurred by you will be honored by your payment company.
· you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, if any, regardless of the amount quoted on the Website or App at the time of your order.][2]
7. Fleet Feet Milestones Rewards Program.
We may from time to time offer the Fleet Feet Milestones rewards program.
Members of the program will receive “points” for making qualified purchases at a licensed Fleet Feet retail store, through the Website, or through the App. Points will accrue and can convert to “rewards” vouchers that can be redeemed at a licensed Fleet Feet retail store, on the Website, or through the App. Unless previously redeemed or otherwise designated by us, rewards will expire 180 days from the date of issuance. Points not converted to a reward expire in 365 days from date of receipt.
We have the right, without limitation, to change, limit, modify, or cancel the rules and regulations associated with the rewards program at any time and without notice. We may, among other things:
- increase or decrease the number of points or rewards received for a purchase or other qualifying transaction or activity, or required for purposes of obtaining, using or redeeming a reward;
- withdraw, limit, modify or cancel any reward or category or otherwise restrict the continued availability of rewards;
- modify an expiration date associated with points and rewards; and
- change our conditions of participation or eligibility, rules for earning, redeeming, retaining, or forfeiting status, points, or rewards, or any rules governing the use of rewards.
These changes may affect points already earned and rewards already issued. Points and reward vouchers have no monetary value and are non-transferrable.
We may suspend your accumulated points or rewards for any reason and in our sole discretion, including, without limitation, if we believe you have violated these Terms of Use or the Other Terms, acted in a manner inconsistent with applicable law, acted in an inappropriate or fraudulent manner, including fraudulently claiming points or reward, or engaged in any wrongdoing with respect to our rewards program.
From time to time we may offer sweepstakes, contests, or other promotions in which program members may participate or win. In such events, the rules of the applicable sweepstakes, contest, or other promotion will apply.
The Fleet Feet Milestones program is free to join, and participation is voluntary. To enroll you must provide an email address through one of the methods below:
- In-store at a Fleet Feet location by asking the associate to enroll you at the point of sale.
- Creating an account at the Website.
- By downloading the App and creating an account.
- Any other account or profile creation on the Website, including accounts or profiles created as a result of: completed transactions, abandoned checkouts, manual creation by a Fleet Feet team member, imports, customer invites, or any other the Website profile or account creation not listed.
See the complete Fleet Feet Milestones Terms of Use for details on how to join, how to withdraw, how points are earned or reduce, and qualifying purchases, exclusions, inactive accounts, and membership status. We make no warranties regarding the rewards program. See complete Fleet Feet Milestones Terms of Use here.
8. Prohibited Uses.
In addition to any other prohibitions as set forth in the Terms of Use or Other Terms, you are prohibited from using the Services:
· for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
· to violate any international, federal, or state regulations, rules, laws, or local ordinances.
· to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
· to harass, abuse, insult, harm, exploit, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
· to submit false or misleading information.
· to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the Internet.
· to collect or track the personal information of others.
· to spam, phish, pharm, pretext, spider, crawl, or scrape or introduce any material that is malicious or technologically harmful.
· for any obscene or immoral purpose.
· to interfere with or circumvent the security features of the Services, other websites, or the Internet.
· to engage in any other conduct that restricts, impairs, or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users, or expose them to liability.
9. Third Party Materials.
Third-party materials, content, products, services, features, tools, and links to the foregoing (collectively, “Third-Party Materials”) may be accessible through the Services. We do not review, monitor, evaluate, or control Third-Party Materials. You agree that we provide Third-Party Materials “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We will not be liable for any claim, harm, or damage arising from or relating to your access to or use of Third-Party Materials. Any access or use by you of Third-Party Materials is entirely at your own risk and discretion. Complaints, claims, concerns, or questions regarding Third-Party Materials should be directed to the third-party.
10. User Content
You agree that we may at any time, without restriction, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, publish, download, store, transmit edit, copy, translate, create, and otherwise use in any medium, any content you submit to the Fleet Feet Parties, including content submitted on or through the Services, or otherwise through social media, email, mail, online forms, etc. (collectively, “User Content”). Examples of User Content include, without limitation, correspondence, reviews, comments, concerns, questions, images, photos, videos, text, and ideas. We have no obligation to keep any User Content confidential, pay compensation for any User Content, or respond to any User Content.
You represent and warrant that:
· you own or have all rights to provide the User Content to us and that our rights above will not be a breach of any other party’s rights (including intellectual property, proprietary, or privacy) or any agreement.
· all of your User Content does and will comply with these Terms of Use and the Other Terms.
· none of your User Content contains or will contain any content that would violate the Prohibited Uses set forth in these Terms of Use or would otherwise harm any person.
· you are responsible for any User Content you provide, and you, not us, have full responsibility for such content, including its completeness, legality, reliability, accuracy, and appropriateness.
We may, but have no obligation to, monitor, edit, refuse to post, or remove User Content in our sole discretion. We take no responsibility and assume no liability for any User Content provided by you or any third-party. We may take any action we deem necessary regarding any User Content, including disclosing your identity or the User Content to third parties or law enforcement.
11. Content Accuracy.
We may update the content on the Services from time to time, but the content is not necessarily complete or up to date. We are not responsible if such content is not accurate, complete, or current. The content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on content of the Services is at your own risk.
12. Disclaimer of Warranties; Limitation of Liability.
You expressly agree that your use of, or inability to use, the Services, the goods and services sold on them, and the content available through them, is at your sole risk. The Services and all products, services, and content delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use.
Fleet Feet, Incorporated, its parent, subsidiaries, affiliates, licensees, and franchisees and their respective officers, directors, employees, contractors, agents, successors, and assigns (“Fleet Feet Parties”) make no warranty, express or implied, including, but not limited to, any warranties of merchantability, merchantable quality, durability, title, non-infringement, completeness, availability, or fitness for a particular purpose with respect to the Services or the products, services, or content available through them, any warranties that your use of the Services will be uninterrupted, timely, secure, virus-free, or error-free, or that any content or results that may be obtained from the use of the Service will be accurate or reliable.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FLEET FEET PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER AN LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, USER CONTENT, THIRD-PARTY MATERIALS, ANY TECHNOLOGICAL ATTACK ON THE SERVICES, AND ANY GOODS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ERRORS OR OMISSIONS IN CONTENT, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
13. Indemnification.
You agree to indemnify, defend and hold harmless the Fleet Feet Parties from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the Other Terms, your use of the Services, your User Content, or your violation of any law or the rights of a third-party.
14. Entire Agreement.
Fleet Feet can delay enforcing its rights under these terms without losing them. In addition, Fleet Feet’s failure to exercise its rights on any one occasion, or even on more than one occasion, does not constitute a waiver of its rights for any future occasion. All waivers must be in writing.
These Terms of Use and the Other Terms constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use or Other Terms).
If a court of competent jurisdiction or any government agency determines that any provision of these terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these terms. However, all other provisions will remain in full force and effect.
15. Governing Law and Dispute Resolution.
All matters relating to the Services, these Terms of Use, the Other Terms, goods, services, and content available through the Services, your User Content, transactions through the Services, any separate agreements between you and Fleet Feet, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) and must be brought exclusively in a court having jurisdiction for Raleigh, North Carolina. You consent to the exercise of exclusive jurisdiction by Fleet Feet and exclusive venue in such courts. Any claim brought by you in connection with the Services may not and will not be made the subject of a class action. To the fullest extent allowable by applicable law, you and Fleet Feet waive the right to a jury trial.
16. Contact Information.
Questions about the Terms of Use should be sent to us at support@fleetfeet.com. Fleet Feet’s address is 310 East Main St., Suite 200, Carrboro, NC 27510.
17. California Notice.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.[3]