Terms & Conditions
ENTREFEET WEBSITE TERMS & CONDITIONS
TERMS OF SERVICE
This website (the “Site”) is operated by Dr Entre LLC under its brand name EntreFeet. Throughout the Site, the terms “EntreFeet,” “we,” “us” and “ours” refer to Dr Entre LLC.
EntreFeet offers this Site, 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. We recommend that you read the following terms and conditions carefully.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms,” or the “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 22 (Dispute Resolution) for full details.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- MINIUMUM AGE
By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law. Additionally you represent and warrant that you have given us your consent to allow any of your minor dependents to use this site.
- AUTHORIZED USE ONLY
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
- PAYMENTS, refunds, and subscription plans
You acknowledge and agree that EntreFeet reserves the right to charge for access to the Site and use of the Services. All transmissions of payment information between you and the Site are secured with Internet-standard TLS (also known as HTTPS) encryption. We collect your name, address, and payment information to process your order.
EntreFeet offers a unlimited time frame guarantee on any of our products. If you are not fully satisfied with the Products and services purchased by you on the Site, you may cancel your order or request a refund by contacting us. You agree to comply with all instructions provided by our customer service agents related to your refund. It can take up to three (3) business days for the refund to be credited back to your payment card.
Subject to your compliance with these Terms of Service, EntreFeet grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the EntreFeet websites (located at the following URLs: https://www.entrefeetusa.com), and to use the Service. No part of the Service, including the Site, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of EntreFeet. All rights not expressly granted in this Agreement are reserved by EntreFeet. Without limitation, this Agreement grants you no rights to the intellectual property of EntreFeet or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of EntreFeet, you have breached any provision of this Agreement.
- NO RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available through the Service by third parties are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. EntreFeet does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will EntreFeet be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
- ASSUMPTION OF RISK; RELEASE
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify EntreFeet and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
- PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our 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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- THIRD-PARTY WEBSITES
The Service may be linked with the websites of third parties ("Third-Party Websites"), some of whom may have established relationships with EntreFeet and some of whom may not. EntreFeet does not have control over the content and performance of Third-Party Websites. EntreFeet has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Websites. Accordingly, EntreFeet does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. EntreFeet disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- VIP PROGRAM
EntreFeet VIP program is offered at the sole discretion of EntreFeet. The terms and conditions, benefits, scope, and duration of the program are subject to change by EntreFeet at any time. Additionally, the program itself is subject to change or cancellation by EntreFeet at any time.
- USER CONTENT
User Content Defined. "User Content" is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Service, whether in connection with your use of the Service or otherwise. This includes, without limitation, personal photos and videos.
You Own Your User Content. EntreFeet does not claim ownership of any User Content. You retain all right, title, and interest, including without limitation all worldwide intellectual property rights, in and to your User Content.
License of User Content. By submitting, uploading, or posting User Content in any form with, through, or to the Service, you grant EntreFeet a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable, revocable (as set forth in Section 7 (License) of this Agreement), assignable license to copy or otherwise reproduce, modify, adapt, translate, distribute, enhance, transmit, publicly display or perform, reformat, and/or otherwise use User Content in connection with the operation of the Service, or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that EntreFeet may publish or otherwise disclose your personal information in connection with their exercise of the license granted under this section. You agree to waive, and waive, any claims arising from or relating to the exercise by EntreFeet of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section. EntreFeet is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Your Representations About User Content. You represent and warrant that you: (a) own all rights, title, and interest in and to all User Content you submit, or are otherwise authorized to grant the rights provided EntreFeet under this section; or (b) have written consent, release, and/or permission of every identifiable individual person in any User Content you submit to use the name and likeness of every identifiable person in the User Content. You agree that you will not submit any User Content that does not fully comply with EntreFeet's prohibitions against Objectionable Content, as detailed in Section 18 (Objectionable Content).
Company's Right to Reject User Content.
EntreFeet reserves the right, in its sole discretion, to reject any User Content for any reason. The categories specified in Section 18 (Objectionable Content) and Section 19 (Prohibited Conduct) are not exhaustive lists of content that EntreFeet reserves the right to remove or deny.
- OBJECTIONABLE CONTENT
EntreFeet disclaims any perceived, implied, or actual duty to monitor content made available through the Service, and specifically disclaims any responsibility or liability for information provided on the Service. Without limiting any of its other remedies, EntreFeet reserves the right to terminate your use of the Service or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. EntreFeet, in its sole discretion, may delete any Objectionable Content from its servers. EntreFeet intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
- PROHIBITED CONDUCT
EntreFeet imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following uses are expressly prohibited: (a) providing false, misleading, or inaccurate information to EntreFeet or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Service; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from EntreFeet, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; (k) creating additional accounts to promote your (or another's) business, or causing others to do so; or (l) paying anyone for interactions on the Service.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- INTELLECTUAL PROPERTY
You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
EntreFeet and the EntreFeet company name, trade names, and logos (collectively, the "Company Marks") are trademarks or registered trademarks of EntreFeet. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of EntreFeet, and you agree to assign, and do assign, all such goodwill to EntreFeet. You shall not at any time, nor shall you assist others to, challenge EntreFeet's right, title, or interest in, or the validity of, the Company Marks.
All content and other materials available through the Service, including without limitation the EntreFeet logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by EntreFeet or are the property of EntreFeet's licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
- DMCA PoLICY
As EntreFeet asks others to respect EntreFeet's intellectual property rights, EntreFeet respects the intellectual property rights of others. EntreFeet follows the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA").
If you believe content located on or linked to by the Service violates your copyright, please immediately notify EntreFeet by emailed DMCA takedown notice ("Infringement Notice"), providing the information described below. If EntreFeet takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to EntreFeet.
Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. (See 17 U.S.C. Section 107, available at https://www.law.cornell.edu/uscode/text/17/107, and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015), available at https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/.) If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.
The DMCA requires that all Infringement Notices must include the following:
- a) A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf,
- b) An identification of the copyright claimed to have been infringed;’
- c) A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit EntreFeet to find and positively identify that material;
- d) Your name, address, telephone number, and email address; and
- e) A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to email@example.com with the subject line "DMCA Notice: (INSERT YOUR NAME)".
EntreFeet will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
Disclosure. All received Infringement Notices may be posted in full to the Lumen database (https://lumendatabase.org/), previously known as the Chilling Effects Clearinghouse.
- DISCLAIMERs; LIMITATION OF LIABILITY
EntreFeet, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service or EntreFeet products, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither EntreFeet nor its licensors or suppliers warrants that the Service or products will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. EntreFeet disclaims all implied liability for damages arising out of the furnishing of the Service or products pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. EntreFeet shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of EntreFeet, Company Parties, the products, or EntreFeet users, or their agents or representatives.
Your Responsibility for Loss or Damage
You agree that your use of the Service and EntreFeet products is at your sole risk. You will not hold EntreFeet or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service or products. The Service may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall EntreFeet or its licensors or suppliers be liable to you for any claims arising from your use of the Service or EntreFeet products, including without limitation for special, incidental, or consequential damages, lost profits, medical bills, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to EntreFeet or its licensors and suppliers arising out of or in connection with your use of the Service or products. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. In no event will EntreFeet total cumulative liability to you, from all causes of action of any kind, exceed the total cost of the products you purchased from EntreFeet. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between EntreFeet and you. The Service and products would not be provided without such limitations.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and EntreFeet or between you and any of EntreFeet licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. EntreFeet licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service, products, or otherwise shall alter any of the disclaimers or limitations stated in this section.
Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless EntreFeet and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to EntreFeet, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and EntreFeet, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service or Products; (iv) your provision to EntreFeet or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations of Section 19 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
Without limiting any other provision of this Agreement, EntreFeet reserves the right to, in EntreFeet's sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by EntreFeet.
You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to EntreFeet notice of your intention to do so, in the manner required by Section 21.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, EntreFeet may, but has no obligation to, in EntreFeet's sole discretion, rescind any services and/or delete from EntreFeet's systems all your Personal Information and any other files or information that you made available to EntreFeet or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
After termination, EntreFeet reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1 through 4, all outstanding payment obligations in Section 6, Section 9, and Sections 15 through 24.
- DISPUTE RESOLUTION
If you and EntreFeet or any of the Company Parties (collectively for purposes of this Section, “EntreFeet”) cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, EntreFeet will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse EntreFeet for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration will take place in Springfield, MO, but may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. EntreFeet may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.
Restrictions Against Joinder of Claims
You and EntreFeet agree that any arbitration shall be limited to each Claim individually. You and EntreFeet agree that each may only bring claims against the other in your or EntreFeet individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or EntreFeet from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or EntreFeet from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Springfield, MO.
Venue for any Judicial Proceeding
This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Missouri, and shall be governed by and construed in accordance with the laws of Missouri without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Springfield, MO. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
All notices required or permitted to be given under this Agreement must be in writing. EntreFeet shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to EntreFeet. You agree that any notice received from EntreFeet electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with EntreFeet is accurate and current, and notice to you shall be deemed effective upon the sending by EntreFeet of an email to that address. You shall give any notice to EntreFeet by submitting said notice to us at firstname.lastname@example.org
Entire Agreement. This Agreement constitutes the entire agreement between EntreFeet and you concerning your use of the Service, 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 Service).
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of EntreFeet, or by the unilateral amendment of this Agreement by EntreFeet a along with the posting by EntreFeet of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of EntreFeet. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and EntreFeet are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and EntreFeet's licensors and suppliers (to the extent expressly stated in this Agreement).
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to EntreFeet and EntreFeet's licensors and suppliers and would therefore entitle EntreFeet or EntreFeet's licensors or suppliers, as the case may be, to injunctive relief.
Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the draftsman.