TERMS OF USE

Last Modified: May 13, 2026 

Acceptance of the Terms of Use 

These terms of use are entered into by and between you and OOFOS, Inc. (“Company,” “OOFOS”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of OOFOS.com, including any content, functionality, and services offered on or through OOFOS.com (the "Website"), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.oofos.com/pages/oofos-privacy-policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.  

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

Changes to the Terms of Use. From time to time we may change, add to, or delete aspects of these Terms of Use without prior notice to you. Your continued use of our Site following any such changes constitute your unconditional agreement to be bound by these Terms of Use. You are responsible for reviewing these Terms of Use each time you use or access our Site. In addition, we may: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users.  

Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.  

User Registration 

You may register on the Site to receive e-mail or SMS notifications or to participate in certain rewards programs by completing the online form at https://www.oofos.com/account/register or otherwise opting in or signing up.  To unsubscribe from any e-mail service, you can click on any “Unsubscribe” link in a message from OOFOS.  

By signing up for e-mail notifications or SMS notifications, you represent and warrant that your information is true and accurate to the best of your knowledge.  You agree not to submit false information such as name, address, and/or telephone number when registering on the Site.  By registering with the Site, you consent to receive periodic communication from OOFOS by e-mail regarding the status of your account or other information associated with your account.  For more information on how OOFOS may use the information you provide, please see the Privacy Policy. 

Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website. 

You are responsible for both: 

  • Making all arrangements necessary for you to have access to the Website. 

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.oofos.com/pages/oofos-privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular 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. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

Intellectual Property Rights 

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of OOFOS, Inc. The collective work includes works that are licensed to OOFOS, Inc. Copyright 2026, OOFOS, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with OOFOS, Inc. or purchasing OOFOS, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with OOFOS, Inc. or to purchase OOFOS, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by OOFOS, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site. 

All trademarks, service marks and trade names of OOFOS, Inc. used in the site are trademarks or registered trademarks of OOFOS, Inc. 

Copyright Complaints. OOFOS respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OOFOS’s copyright agent with the following information. 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

  • Description of the copyrighted work that you claim has been infringed; 

  • The location of the material that you claim is infringing is located on the Site; 

  • Your address, telephone number and e-mail address; 

  • A statement that your claim of infringement is based on a good faith belief; and 

  • A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

 
OOFOS’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: info@oofos.com. 

Prohibited Uses 

As a condition of your use of the Site, you warrant to OOFOS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  The following activities are expressly prohibited from the Site: 

  • Engaging in activity that may compromise the Site. 

  • Hacking the Site, trying to change the behavior of the Site, accessing data not intended for you, logging onto a server or an account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, trying to breach security or authentication measures. 

  • Engaging in the use of worms, viruses, cancel bots, Trojan horses. 

  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding. 

  • Framing or deep linking into the Site. 

  • Improperly using communications for spamming, phishing, mail bombing or crashing, forging any header or any part of the header information in any email or posting, or forging communications on behalf of the Site or to the Site. 

  • Accessing the Site by means of automated process, spiders, bots or similar device. 

  • Misrepresenting the identity of a user, impersonating any person or entity. 

  • Falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site. 

  • Expressly stating or implying that we endorse any statement you make. 

  • Conducting fraudulent activities on the Site. 

  • Sending unsolicited or unauthorized email on behalf of OOFOS, Inc., including promotions and/or advertising of products or services. 

  • Using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity. 

  • Harvesting or collecting personally identifiable information about other users of the Site. 

Materials from our Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Site are made available only to provide information and are for personal and non-commercial use. You agree not to use or access the Site in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers; interfere with any third party's use and enjoyment of our Site; or attempt to gain unauthorized access to accounts, computer systems or networks connected to any of our servers through hacking, password mining, or any other means. 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).  

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. 

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. 

Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 

  • Use any device, software, or routine that interferes with the proper working of the Website. 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.  

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

  • Otherwise attempt to interfere with the proper working of the Website. 

User Contributions 

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.  

You represent and warrant that:  

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. 

  • All of your User Contributions do and will comply with these Terms of Use.  

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.  

Content Standards 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an OOFOS, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. 

Without limiting the foregoing, User Contributions must not: contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.oofos.com/pages/oofos-privacy-policy; be likely to deceive any person; promote any illegal activity, or advocate, promote, or assist any unlawful act; cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; impersonate any person or misrepresent your identity or affiliation with any person or organization; involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

User Suspension and/or Termination of Access 

OOFOS may cancel or terminate your right to access or use any part of the Site at any time without notice.  You agree that a breach of any of these Terms of Use may result in the immediate termination of your account and/or give rise to civil action against you.  The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site. We will fully cooperate with any law enforcement authorities or court orders related to submissions that violate applicable law or these Terms of Use and you waive and hold us harmless for any such cooperation. 

Links to Third Party Sites 

Any links to other websites or apps not owned or operated by OOFOS are provided solely as a convenience for you.  This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. OOFOS’s listing of any third party does not create a partnership or affiliation with the third party.  OOFOS’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers.  You shall make a competent consumer decision before employing the services of any listed third party professional or service provider.  You bear all risk associated with the employing of any third party and obtaining their goods or services. We encourage you to read and understand the terms and conditions of use of any linked sites that you visit. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Nonetheless, OOFOS, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). 

Reliance on Information Posted 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

If a OOFOS, Inc. product is mistakenly listed at an incorrect price, OOFOS, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. OOFOS, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, OOFOS, Inc. shall issue a credit to your credit card account in the amount of the incorrect price. 

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy https://www.oofos.com/pages/oofos-privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

Online Purchases and Other Terms and Conditions 

All purchases through our site or other transactions for the sale of goods, services, or information carried out through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. 

Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  This Website may provide certain social media features that enable you to: 

  • Link from your own or certain third-party websites to certain content on this Website. 

  • Send emails or other communications with certain content, or links to certain content, on this Website. 

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not: 

  • Establish a link from any website that is not owned by you. 

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. 

  • Link to any part of the Website other than the homepage. 

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.  

SMS and Mobile Terms of Service 

The Services allow Customers to receive SMS/MMS mobile messages by affirmatively opting into the Services, such as through online or application-based enrollment forms. By consenting to OOFOS’s SMS/text messaging service, you agree to receive (i) recurring SMS/text messages, (ii) autodialed or prerecorded marketing mobile messages from and on behalf of OOFOS through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.  

To participate in the Program, you must have a wireless cellular device of your own that is capable of two-way messaging using a participating wireless carrier and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Further, you must be a resident of the United States and 18 years of age or older. The Company reserves the right to require you to prove that you are at least 18 years of age. 

Delivery of information and content to your mobile device may fail due to a variety of circumstances and conditions. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator, which is beyond the control of the Company. Accordingly, the Company is not liable for any delays or failures in the receipt of any text messages connected with this program. 

You agree to indemnify the Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify the Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. 

Description of Services.  Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders and checkout reminders) about OOFOS products. 

Cost and Frequency. Message and Data Rates May Apply. Consent to receive text messages is not required as a condition of purchasing any goods or services. We do not charge for the Service, but you are responsible for all charges and fees associated with SMS/text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Services involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. 

Customer Opt-Out. Your participation in this program is completely voluntary.  

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from OOFOS in order to opt out of the Program. 

You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that OOFOS and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. 

SMS or Mobile Support.  For Service support or assistance, text HELP to +18339961149 or email info@oofos.com. 

Carriers supported are subject to change and may include, but are not limited to AT&T, Verizon Wireless, T-Mobile, Sprint, Boost Mobile, U.S. Cellular, MetroPCS, and other major U.S. carriers. 

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

IN NO EVENT SHALL OOFOS AND/OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS, AND/OR ANY OF THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OR INJURY WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE, OR FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OOFOS OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND/OR THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  

NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, OOFOS INC.’S TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, OR USE OF OUR SITES OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES. 

Indemnification 

By using the Site, you accept all responsibility and agree to indemnify OOFOS (and its partners, third party service providers and suppliers, and the respective members, managers, directors, officers and employees of any of the foregoing)  and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses of every kind and nature, known and unknown (including without limitation any related court costs, expenses and attorneys' fees), whether based on warranty, contract, tort, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site, a breach of any of your representations and warranties set forth above, or your violation of any law or the rights of a third party.  Such acts may include but are not limited to: submissions to the Site, unauthorized use of material obtained through the Site or breach of these Terms of Use.  

Geographic Restrictions 

The owner of the Website is based in the Commonwealth of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Governing Law and Jurisdiction 

To the maximum extent permitted by law, these Terms of Use and the Privacy Policy, are governed by the laws of the State of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts Boston, Massachusetts in all disputes arising out of or relating to the use of the Site. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE RELATED TO THE SITE, THESE TERMS OF USE, OR THE PROGRAM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OOFOS as a result of the Terms of Use, including the Privacy Policy, or use of the Site.  

OOFOS’s performance of the Terms of Use, including its supplement the Privacy Policy, is subject to existing laws and legal process, and nothing contained herein is in derogation of OOFOS’s 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 OOFOS with respect to such use.  

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.  

OOFOS Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. OOFOS, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. 

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. 

Dispute Resolution 

In the event that there is a dispute, claim, or controversy between you and us, or between you and OOFOS or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Services, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Boston, MA before one arbitrator. 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which OOFOS, INC.’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.  

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.   

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Services. 

Waiver and Severability 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

Entire Agreement 

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and OOFOS regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  

Your Comments and Concerns 

This website is operated by OOFOS, Inc. 

OOFOS, Inc. 

Braintree, Massachusetts  

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@oofos.com