Terms and Conditions
Performance Footing ("PerformanceFooting.com") provides this Website solely for your convenience. This Website is governed by the following Terms and Conditions. Any use of this Website constitutes an unconditional consent and agreement by you to follow these Terms and Conditions and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use this Website.
Your access and use of this Website constitutes your agreement and consent to the Terms and Conditions of this Website, as well as any and all applicable laws, as governed and interpreted pursuant to the laws of the State of Arizona.
You further agree to use this Website and any service at your sole risk. PerformanceFooting.com and/or its affiliates shall have no liability to you for any content on this Website that may be deemed offensive, indecent, or objectionable.
In accepting these Terms and Conditions, you certify that you are 18 years of age or older, or that if you are at least 14 years old you are using this Website solely under the supervision of a parent or legal guardian who by such use gives their consent to be bound by these Terms and Conditions. PerformanceFooting.com does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child 14 years and older, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that such child may incur.
1. Intellectual Property
All software, all text, programs, products, processes, technology, content, and other materials — including all page headers, images, illustrations, graphics, audio clips, animation, sounds, video clips, and text used on this Website — are the property of PerformanceFooting.com and subject to protection under U.S. and international intellectual property laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any content of the Website.
2. Third Party Links
Any reference to the names, marks, products, or services of third parties, or hypertext links to third-party sites or information, are provided solely as a convenience to you and do not in any way constitute or imply PerformanceFooting.com's endorsement, sponsorship, or recommendation of such third party, its information, products, or services. The practices or policies of any such third party, or the content of any such third-party sites, are accessed entirely at your own risk. PerformanceFooting.com makes no representation whatsoever with respect to such third-party sites.
3. Security
Any attempt to violate the security of this Website is strictly prohibited, including, without limitation, any of the following:
- Accessing data not intended for your use or logging onto a server or an account that you are not authorized to access;
- Attempting to scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;"
- Sending unsolicited email, including promotions and/or advertising of products or services;
- Attempting to obtain products not properly ordered or fully paid for;
- Harassing the Website owner or its users; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
A violation of system and network security may result in civil and/or criminal liability. PerformanceFooting.com will aggressively investigate any such occurrences that may involve such violations and may, in its sole and absolute discretion (unless ordered by law otherwise), cooperate with law enforcement authorities in prosecuting any users who are involved in any such violations.
4. Orders
PerformanceFooting.com reserves the right to refuse any order for any reason whatsoever and will contact you if any order is refused or canceled.
Additionally, all billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
5. Pricing
PerformanceFooting.com's goal is to provide our customers with accurate pricing information; however, sometimes pricing or typographical errors may occur. PerformanceFooting.com may be unable to confirm the price of an item until after an order is placed. In the event that an item's price is calculated or displayed incorrectly, PerformanceFooting.com reserves the right, in its sole discretion, to refuse or cancel any orders placed for that item. Prices are also subject to change without notice.
6. Product Descriptions
PerformanceFooting.com does not warrant that the description of products on this Website is accurate. Indeed, some content may be inaccurate, incomplete, or opinion. The colors of a product may vary based on the manufacturing process or the visual appearance on the website may vary depending on your monitor. If you happen to find a product is not as it is described, your sole remedy is to return the product in unused condition.
The submission of any stories, comments, feedback, reviews, letters, suggestions, ideas, and/or all other submissions submitted or offered to PerformanceFooting.com — whether through this Website, by telephone, email, or otherwise — grants to PerformanceFooting.com a royalty-free, irrevocable, transferable right and license to use such comments however PerformanceFooting.com desires.
7. Indemnification
You hereby agree to indemnify, defend, and hold harmless PerformanceFooting.com and/or its affiliates from and against any and all claims, damages, costs, and expenses, including reasonable attorneys' fees and court costs, arising from or related to your use of this Website or any breach by you of these Terms and Conditions.
PerformanceFooting.com reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to this Website.
8. Disclaimers
This Website is provided by Performance Footing on an "as is" and "as available" basis without representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on this Website. To the full extent permitted by applicable law, Performance Footing disclaims any and all warranties, express or implied, including, but not limited to, any and all implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Performance Footing disclaims any and all warranties, express or implied, for any merchandise offered on this Website. You acknowledge, by your use of this Website, that your use is at your sole risk and that Performance Footing will not be liable for any damages of any kind arising from the use of this Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these Terms of Use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
Without limiting the foregoing, Performance Footing specifically disclaims any representation or warranty that the information on this Website is accurate, complete, reliable, useful, timely, or current, or that this Website will operate without interruption or error.
Without limiting the foregoing, Performance Footing specifically disclaims any liability as to the accuracy or completeness of each item description. All product descriptions originate from the manufacturer of the item.
Performance Footing assumes no risk or responsibility for your use of any of the content provided on this Website.
Product information obtained through this Website is obtained from claims made by the product's manufacturer. On occasion manufacturers may alter their labels, so actual product packaging and materials may contain different information than that shown on this Website; thus Performance Footing does not guarantee or ensure the accuracy, completeness, or timeliness of any product information. Performance Footing recommends that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. Please contact the manufacturer for additional information about a product.
Performance Footing assumes no liability for inaccuracies or misstatements about products.
9. Limitation of Liability
Under no circumstances, or under any legal or equitable theory, whether in contract, tort, strict liability, or otherwise, shall Performance Footing — or any of its employees, directors, officers, agents, vendors, or suppliers — be liable to you or to any other person for any direct or indirect losses or damages, whether special, incidental, or consequential or otherwise arising out of or in connection with the use of, inability to use, or malfunction of this Website. Performance Footing will not be liable for any damages of any kind arising from the purchase or use of products offered for sale on this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. Some states may limit the ability of vendors to disclaim implied warranties; therefore the language of this paragraph may not apply to you.
This comprehensive limitation of liability applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortious action, even if an authorized representative of Performance Footing has been advised of or should have known of the possibility of such damages.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Performance Footing under such circumstances for liabilities that otherwise would have been limited shall not exceed the purchase price paid by the customer for the specific product or service giving rise to the claim, consistent with the limitation set forth in our Shipping, Returns & Payment Policy. Nothing herein limits or excludes liability that cannot be limited or excluded under applicable law.
If you are dissatisfied with this Website or any content on the site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this Website. You acknowledge, by your use of this Website, that your use of the site is at your sole risk.
10. Dispute Resolution — Mediation First
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS HOW DISPUTES BETWEEN YOU AND PERFORMANCE FOOTING ARE RESOLVED.
10.1 Informal Resolution Required First. Before initiating any lawsuit, arbitration, administrative proceeding, or other formal dispute process, you and Performance Footing agree to first attempt to resolve any dispute, claim, controversy, or disagreement arising out of or relating to these Terms and Conditions, the Website, any quote, estimate, invoice, order, product, delivery, service, installation-related service, project coordination, credit, refund, returned product, or the relationship between you and Performance Footing (collectively, a "Dispute") through informal resolution.
To begin the informal resolution process, the party raising the Dispute must send written notice describing the Dispute, the relief requested, and the factual basis for the request. Notices to Performance Footing must be sent to sales@performancefooting.com. Notices to you may be sent to the email address, billing address, shipping address, or other contact information you provided to Performance Footing.
The parties agree to negotiate in good faith for at least thirty (30) days after receipt of written notice before initiating any formal proceeding, except as provided in Section 10.6 below.
10.2 Mandatory Non-Binding Mediation. If the Dispute is not resolved through informal negotiation, you and Performance Footing agree to submit the Dispute to non-binding mediation before initiating litigation, arbitration, or any other formal dispute proceeding, except as provided in Section 10.6 below.
The mediation shall be administered by the American Arbitration Association ("AAA") under its applicable Commercial or Consumer Mediation Procedures then in effect, or by another neutral mediator mutually agreed to in writing by the parties. Unless the parties agree otherwise in writing, mediation shall take place in Maricopa County, Arizona, or by video conference.
The mediator shall not have authority to impose a binding decision. Any resolution reached in mediation shall become binding only if it is reduced to a written agreement signed by both parties.
10.3 Mediation Fees and Costs. Each party shall bear its own attorneys' fees, expert fees, travel costs, and other costs incurred in connection with mediation. Unless the parties agree otherwise in writing, mediator fees and administrative fees shall be shared equally, except that for consumer disputes, Performance Footing will pay any portion of mediator or administrative fees that applicable law, AAA consumer rules, or the mediator requires the business to pay.
If equal fee-sharing would make mediation financially impractical for a consumer, the parties agree to discuss in good faith an alternative fee arrangement, including Performance Footing advancing some or all of the initial mediation cost, without prejudice to either party's position on the merits of the Dispute.
10.4 Confidentiality. All communications, settlement discussions, offers of compromise, documents prepared for mediation, and disclosures made in connection with the informal resolution or mediation process shall be confidential and inadmissible for any purpose in any later proceeding, to the fullest extent permitted by applicable law, including Rule 408 of the Federal Rules of Evidence, applicable state-law equivalents, and Arizona law governing mediation confidentiality.
10.5 Escalation After Mediation. If the Dispute is not resolved within sixty (60) days after the first mediation session, or within such longer period as the parties may agree to in writing, either party may proceed to litigation in the courts identified in Section 11, Governing Law and Venue.
Alternatively, after mediation has concluded, the parties may mutually agree in writing to resolve the Dispute through final and binding arbitration administered by the AAA under its applicable Consumer or Commercial Arbitration Rules, seated in Maricopa County, Arizona, before a single neutral arbitrator. Arbitration shall not be required unless both parties agree to arbitration in writing after mediation has concluded, unless a separate written agreement between the parties expressly requires arbitration.
10.6 Emergency, Property, Collection, and Other Carve-Out Claims. Nothing in this Section 10 prevents either party from seeking emergency, injunctive, equitable, provisional, or other immediate relief in a court of competent jurisdiction when necessary to prevent irreparable harm, preserve evidence, prevent misuse of confidential information, protect intellectual property rights, recover or protect company-owned equipment, trailers, tools, products, returned goods, materials, or other personal property, collect unpaid invoices or amounts due, prevent dissipation of assets, enforce payment rights, pursue lien rights, bond claims, or other statutory remedies where legally available, or address any other time-sensitive matter for which waiting through the informal resolution or mediation process would materially prejudice the party seeking relief.
Nothing in this Section 10 prevents either party from filing an individual claim in small-claims court if the claim qualifies, or from asserting any defense, counterclaim, setoff, or recoupment in any proceeding properly filed by the other party.
10.7 No Waiver of Statutory Deadlines. The parties agree that participating in informal resolution or mediation shall not waive either party's rights, claims, defenses, lien rights, bond rights, collection rights, administrative remedies, or statutory remedies. Nothing in this Section 10 extends, shortens, waives, or modifies any non-waivable statutory deadline, notice requirement, lien deadline, bond-claim deadline, administrative deadline, or limitations period unless a court, arbitrator, agency, or applicable law expressly permits such tolling or modification.
10.8 Severability. If any portion of this Section 10 is found to be invalid, unlawful, unconscionable, or unenforceable, that portion shall be severed or modified to the minimum extent necessary to make it enforceable, and the remaining portions shall remain in full force and effect.
10.9 Survival. This Section 10 shall survive termination of these Terms and Conditions, completion, cancellation, return, refund, or close-out of any quote, estimate, invoice, order, product purchase, delivery, service, project, or relationship between you and Performance Footing, and your use of the Website.
11. Governing Law & Venue
These Terms and Conditions shall be governed by and construed under Arizona law without regard to conflicts of law provisions. Subject to the mediation requirement in Section 10, you further agree that any action or proceeding arising out of or related to the use of this Website, or these Terms and Conditions, shall be brought in the state or federal courts located in Maricopa County, Arizona, and you hereby consent to the exclusive personal jurisdiction and venue of such courts.
These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section.
12. How to Contact Us
If you have any questions about these Terms and Conditions, please contact us:
- Email: sales@performancefooting.com
- Telephone: 877-835-0878
- Mail: Performance Footing, 7845 E. Gelding Dr., Suite 103, Scottsdale, AZ 85260