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THE INVINCIBLE SHOE

Last Updated: 08/19/22

The Invincible Shoe (the “Service”) sells safety shoes to workers (the “Site”). The Service and the Site may be collectively referred to herein as the “Platform.” The Services are owned and operated by VB

Innovations, LLC (hereinafter referred to as the “Company” or “us”).

Your use of the Service is subject to the terms and conditions set forth in this Terms of Service

(hereinafter referred to as the “Terms”).

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY

PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND

AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE

TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE

SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF

SERVICE.

Updates to Terms of Service; Integration.

We may, in our sole discretion, modify the Terms of Service by posting a notice on the Terms of Service

page. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications

were made to the TOS. By continuing to access and use the Service You agree to any such modifications.

Therefore, You are responsible for reviewing and should become familiar with any such modifications.

You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at

the top of the Terms of Service for the most recent version. In addition, when using services or features

on the Site, You will be subject to any posted guidelines or policies applicable to such services or features

that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All

such guidelines or policies are hereby incorporated by reference into this Terms of Service.

Translation.

We may translate these Terms of Service into other languages for your convenience. Nevertheless, the

English version governs your relationship with Company, and any inconsistencies among the different

versions will be resolved in favor of the English version.

Service Availability.

The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole

discretion of the Company, without notice or liability. The Service may be unavailable at certain periods,

including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or

force majeure events.

The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently

block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and

effective immediately to any User.

The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the

result of any modification, suspension, or discontinuation of the Service or any part thereof.

Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and

made part of this Terms of Service. Please review our Privacy Policy carefully. By using or accessing the

Service, you agree to be bound by the terms of our Privacy Policy.

Age. The Service is meant for those at least eighteen (18) or the age of majority where you reside,

whichever is younger. Use of the Service by anyone under this age is a violation of these Terms.

Intellectual Property.

You acknowledge that all the intellectual property rights in the Service, including, but not limited to,

copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text,

sounds, pictures, service marks, trade names, domain names, slogans, logos, other files and the selection

and arrangement thereof, and other indicia of origin that appear on or in connection with any aspect of the

Service (collectively the “IP”) are either the property of the Company, its affiliates or licensors and are

subject to and protected by United States and international copyright and other intellectual property laws

and rights. All rights to IP not expressly granted in these Terms of Service are reserved to their respective

Subject to these Terms, the Company grants you a limited non-transferable, non-exclusive, revocable,

non-sublicensable licence to use and access the Service solely for your own personal or internal business

purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise.

Company authorizes you to view, download and/or print the IP provided that you keep intact all copyright

and other proprietary notices contained in the original IP. Except as expressly authorized by the Terms of

Service, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy,

exploit, create derivative works or otherwise use any of the IP in any form or by any means, without the

prior written authorization of Company or the respective copyright owner. In the absence of a written

agreement, you may not modify or adapt the IP in any way or otherwise use them for any public or

commercial resale purposes. The Company retains the right to rescind and terminate the limited license

granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual

property rights fully under United States and international law.

Some of the company and product names, logos, brands, and other trademarks featured or referred to

within the Service may not be owned by us and are the property of their respective trademark holders.

These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.

Third Party Operators and Websites.

In the event we include links via the Service to third-party operators and/or websites (hereinafter referred

to as “Third Party Provider”) which may include products, goods, services or information offered

therein, these links are provided only as a convenience. If you clickthrough using these links to other

websites, you may leave our Site. We do not control nor endorse any such Third-Party Provider. You

agree that the Company Parties (as defined below) will not be responsible or liable for any content,

products, goods, services or information provided or made available by a Third-Party Provider, including

related websites, or for your use or inability to use the services of a Third-Party Provider.

You will use such links at your own risk. You are advised that other websites on the Internet, including

Third-Party Provider websites linked from our Site, might contain material or information:

(i) that some people may find offensive or inappropriate;

(ii) that is inaccurate, untrue, misleading or deceptive; or,

(iii) that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.

We expressly disclaim any responsibility for the content, legality, decency or accuracy of any

information, and for any content, products, goods, services or information, which appear on any Third-

Party Provider website or in advertisements or content that a Third-Party Provider may have listed or

offered on our Site.

Your interactions with a Third-Party Provider found on or through the Service, including payment and

delivery of goods or services, if any, conditions, warranties or representations associated with such

matters are solely between you and the Third-Party Provider, except as may be otherwise stated herein.

You acknowledge and agree that we are not a party to any transactions you may enter into, except as may

be stated herein, using the Service and we shall not under any circumstances be liable for any damages of

any kind arising out of, or in connection with, or relating to, the content, products, goods, services or

information of a Thirty-Party Provider.

Use of the Service

You may be required to create an account to use the Service and/or take advantage of certain features, in

which case you agree to:

 provide true, accurate, current and complete information about yourself, and your company if

applicable, as prompted by the Service;

 as permitted, maintain and promptly update such information. If you provide any information that

is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such

information is false, inaccurate or outdated, Company has the right to suspend or terminate your

account and prohibit all current or future use of the Service by you; and

 that your account is for your personal and/or business use. You may not resell the Service.

 by creating an account, you agree to receive certain communications in connection with the

Service.

 that you are responsible for maintaining the confidentiality of your password and account and are

fully responsible for all activities that occur under your account. Your account is meant to be

private, and you shall not share your account for any reason. You agree to immediately notify us

of any unauthorized use of your password or account or any other breach of security. You agree

to be responsible for all charges resulting from the use of your account via the Service, including

charges resulting from unauthorized use of your account.

 that you may not impersonate someone else, create or use an account for anyone other than

yourself, provide an email address other than your own, or create multiple accounts.

 that you agree to use the Service only for lawful purposes and that you are responsible for your

use of and communications and content you may post via the Service. You agree not to use the

Service in any manner that interferes with its normal operation or with any other User’s use of the

Service.

Term and Termination

Subject to this section, the Terms herein will remain in full force and effect while you use the Service. We

may suspend or terminate your rights to use the Service (including your account) at any time for any

reason, or no reason, at our sole discretion, including for any use of the Service in violation of these

Terms.

Upon termination of your rights under these Terms, your Account and right to access and use the Service

will terminate immediately.

The Company will not have any liability whatsoever to you for any termination of your rights under these

Terms, including for termination of your account or deletion of your information. You may terminate

your use of the Company Service at any time

User Representations.

You expressly acknowledge, represent, warrant, and agree that you understand:

The information contained herein is for informational purposes only and is not intended nor should be

construed as advice or recommendations and are not guaranteed to produce results.

Company does not warrant or guarantee the suitability or availability of any materials or Content,

including without limitation any, data, products, or services, found through the Service.

Company does not screen the authenticity or quality of any material or content or any provider of material

or content, including, data, products, or services found through the Service.

You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the

authority of such legal entity to form a binding contract; all information you provide to us is accurate and

truthful; you will maintain the accuracy of such information; and you are legally permitted to use and

access the Service and take full responsibility for the selection and use of and access to the Service.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other

affiliated companies, and their respective officers, directors, employees, agents and other representatives

(collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses,

damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your

use of the Service, any activity related to your account by you or any other person permitted by you, any

Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service,

your infringement or violation of any rights of another, or termination of your access to the Service. We

reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or

action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the

defense of any such claim, action, settlement or compromise negotiations, as requested by us.

You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish,

each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability,

action and cause of action of every kind and nature (including personal injuries, death, and property

damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the

Service, including any interactions with, or act or omission of, other Service Users or any Third-Party

sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by

you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any

rights of another, or (v) your violation of applicable laws or regulations.

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

You agree not to settle any matter without the prior written consent of Company. Company will use

reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Warranties, Disclaimers and Limitations of Liability.

You expressly understand and agree that:

Your use of the Service is at your sole risk. The Service and the associated materials and content are

provided on an “as is” and “as available” basis. The Company Parties expressly disclaim all warranties of

any kind, whether express or implied, including, but not limited to, implied warranties of merchantability,

fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company

Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be

uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be

accurate or reliable; (iv) the quality of any and all products, services, information or other materials,

including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly

through the company Service will meet your expectations or needs; and (v) any errors in the Service will

be corrected.

The Company Parties shall not under any circumstances be liable for any damages of any kind arising out

of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as

a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service;

(iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or

conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or

between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any

Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind,

including any direct, indirect, special, incidental or consequential damages, whether based on breach of

contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an

individual advises the Company Parties of the possibility of such damages. The limitations of liability set

forth herein are fundamental elements of the basis of the bargain between Company and you. The

products, information and services offered on and through the Service would not be provided to you

without such limitations.

The Company Parties shall not under any circumstances be liable for any damages of any kind arising out

of, or in connection with or relating to the actions and activities of any third-party contractors and

suppliers of services we may engage to provide services to you.

Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any

reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the

charges paid by you directly to Company via the Service, if any, for Services provided solely and directly

by Company to you during the three (3) months since the cause of action arose.

You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed

within one (1) year after the cause of action occurred or it will be permanently barred.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of

liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not

apply to you.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which

says: “A general release does not extend to claims which the creditor does not know or suspect to exist in

his favor at the time of executing the release, which, if known by him must have materially affected his

settlement with the debtor.”

Purchases and Payments

Purchase of Services. Your contract for the purchase of products is completed once you confirm your

purchase and performance of this contract begins as soon as the purchase is complete.

Pricing. Pricing and availability of all products for sale displayed through the Site are subject to change at

any time before you click the button indicating that you want to purchase such Services.

Payment Processing Methods. Company may make available various payment processing methods to

facilitate the purchase of the Service. You must abide by any relevant terms and conditions or other legal

agreements with third party payment processors, which govern your use of a given payment processing

method. Company may add or remove payment processing methods at its sole discretion and without

notice to you. Once your purchase is complete, Company or the payment processor may charge your

credit card or other payment method that you provide us for any Services purchased, along with any

additional applicable amounts (including any taxes). You are solely responsible for all amounts payable

associated with purchases you make via the Service.

You may review our Return Policy [insert link to return policy].

Dispute Resolution.

Governing Law, Venue. These Terms shall be governed by and construed in accordance with the internal

laws of the State of Connecticut applicable to agreements made and to be performed in the State of

Connecticut. Any legal suit, action or proceeding arising out of or based upon these Terms or the

transactions contemplated hereby (“Related Proceedings”) may only be instituted in the state or federal

courts of the State of Connecticut (collectively, the “Specified Courts”), and each Party irrevocably

submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of any

process, summons, notice, or document by mail to such Party’s address shall be effective service of

process for any suit, action or other proceeding brought in any such court. The Parties irrevocably and

unconditionally waive any objection to the laying of venue of any suit, action or other proceeding in the

Specified Courts and irrevocably and unconditionally waive and agree not to plead or claim in any such

court that any such suit, action or other proceeding brought in any such court has been brought in an

inconvenient forum. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A

JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH

THESE TERMS IS LITIGATED OR HEARD IN ANY COURT.

Attorney Fees.

In the event that any dispute between the parties should result in litigation or arbitration, the prevailing

party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and

expenses of enforcing any right of the Prevailing Party, including without limitation, reasonable attorneys'

fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action

and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in

such action shall contain a specific provision providing for the recovery of attorney fees and costs

incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at

the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include,

without limitation, fees incurred in the following: (1) post judgment motions, (2) contempt proceedings,

(3) garnishment, levy, and debtor and third party examinations, (4) discovery, and (5) bankruptcy

litigation; and (b) “Prevailing Party” shall mean the party who is determined in the proceeding to have

prevailed or who prevails by dismissal, default or otherwise.

Miscellaneous.

These Terms constitute the entire agreement between the parties and contains all of the agreements

between the parties with respect to the subject matter hereof; these Terms supersedes any and all other

agreements, either oral or in writing (including any interim agreements executed by the parties), between

the parties hereto with respect to the subject matter hereof. No change or modification of these Terms

shall be valid unless the same be in writing and signed by both Parties, respectively. All notices and other

communications hereunder shall be in writing and shall be deemed given on delivery if delivered

personally or sent by facsimile transmission with electronic confirmation, or four (4) business days

following such notice being sent, if mailed by registered or registered, postage prepaid, to the other Party

at the addresses as last reported to the other Party. Company is and shall remain an independent contractor

of Users and nothing contained in these Terms shall be deemed to create an employer/employee,

principal/agent, partnership, or joint venture relationship between the Parties Neither Party will have the

right to assign, pledge or transfer all or any part of these Terms without the prior written consent of the

other, except that Company may assign its rights and interests to another party without the approval of

any User. If any provision of these Terms is held by a competent court to be invalid or unenforceable

under applicable law, then such provision shall be severed from these Terms and the remainder of these

Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance

with its terms. Those provisions of these Terms which by their nature should survive termination, and all

accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of these

Terms for any reason. No delay or omission by either party to exercise any right or power it has under

these Terms shall impair or be construed as a waiver of such right or power. A waiver by either party of

any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other

covenant. All waivers must be in writing and signed by the party waiving its rights. The paragraph

headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms

for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words

used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender

shall be deemed to include and designate the masculine, feminine or neutral gender. These Terms shall

inure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in

these Terms, express or implied, is intended to confer upon any party other than the Parties hereto or their

respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of

these Terms, except as expressly provided in these Terms. Each Party shall use all reasonable efforts to

take all actions necessary or desirable to consummate and make effective the transactions these Terms

contemplates or to evidence or carry out the intent and purposes of these Terms.

Customer Service. If you have any comments or questions regarding these Terms or wish to report any

violation of these Terms, you may contact us at help@theinvincibleshoe.com

Last Updated: 08/19/22

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE

SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE

TO BE BOUND BY ALL THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF

SERVICE. IF YOU DO NOT AGREE TO SUCH TERMS, EXIT THIS PAGE AND DO NOT

ACCESS OR USE THE SERVICE.

We are committed to respect and protect the privacy of the personal information we obtain from

you through the Service, and we have created this Privacy Policy to inform you about how we

collect, use and share your personal information, and about our privacy practices in general.

We continually strive to find new ways to enhance your experience with the Service and we may

modify this Privacy Policy from time to time to reflect changes in our privacy practices. You are

encouraged to review this Privacy Policy periodically and to check the “Last Updated” date at

the top of the Privacy Policy for the most recent version.

incorporated and made part of our Site disclosures which shall include this Privacy Policy the

Disclosures”). By using the Service, you agree to be bound by our Site Disclosures.

Age. The Service is not directed to children under the age of eighteen (18) or the age of

majority where you reside, whichever is younger. If you become aware that your child has

provided us with personal information, please contact us at the email address listed below. If we

become aware that a child under this age has provided us with personal information, we will

take steps to remove such information and terminate the child’s account.

Translation.

We may translate this Privacy Policy into other languages for your convenience. Nevertheless,

the English version governs your relationship with Company, and any inconsistencies among

the different versions will be resolved in favor of the English version.

Application of this Privacy Policy.

This policy applies where we are acting as a data processor with respect to your personal data,

in other words, where we process your personal data on behalf of another party.

This policy applies where we are collecting Personally Identifiable Information (as further

described below) from individuals and / or sole proprietors and does not apply to the collection

of data from corporate entities. This policy applies however we collect Personally Identifiable

Information, however accessed and / or used, whether via personal computers, mobile devices

or otherwise.

Other Sites. This Privacy Policy shall also apply to our Facebook, Twitter, Pinterest and Instagram

accounts (the “Other Sites”) except where there may be a conflict between our policy and the Other Sites,

in which case the polices of the Other Sites shall apply.

The terms contained in this Privacy Policy are in accordance with various privacy policy laws

and regulations including those applicable in the United States including the California Online

Privacy Protection Act (“COPPA”); the EU’s General Data Protection Regulation 2016/679 as

amended (“GDPR”), Canada's Consumer Privacy Protection Act (“CPPA”), and the Privacy Act

1988 (“Privacy Act”) as amended as it applies to Users in Australia.

Collecting Personal Information and How We Use It.

Personally Identifiable Information. When you engage in certain activities via the Service you

may provide information to us which may include personal information, which is information that

may reasonably be used to identify you, such as your name, address, e-mail address, telephone

number, and if applicable, credit card number, crypto wallet addresses, images you upload and

other content you upload or provide to us. We may also collect information available on the web.

We may use or share Personally Identifiable Information to provide products and/or services to

you, to enhance the operation of the Service, improve our marketing and promotional efforts,

analyze use of the Service. We may also use Personally Identifiable Information to troubleshoot,

resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with

you, including our Terms and Conditions and this Privacy Policy, and to comply with applicable

laws and in cooperation with law enforcement activities. The legal basis for this processing is

your consent or our legitimate interests, namely monitoring and improving our website and

service.

How we collect Personally Identifiable Information.

(i) we may process your account data ("account data"). The account data may

include your password and/or User ID, name, telephone number, street address, email address,

and other Personally Identifiable Information. The source of the account data is you. The

account data may be processed for the purposes of operating our website, providing our

Service, ensuring the security of our website and services, maintaining back-ups of our

databases and communicating with you. The legal basis for this processing is your consent or

our legitimate interests, namely monitoring and improving our website and services. .

(ii) we may process data about your use of our website and services ("usage data").

The usage data may include your IP address, geographical location, browser type and version,

operating system, referral source, length of visit, page views and website navigation paths, as

well as information about the timing, frequency and pattern of your website and services usage.

The source of the usage data is our analytics tracking system. This usage data may be

processed for the purposes of analyzing the use of the website and Service. The legal basis for

this processing is your consent or our legitimate interests, namely monitoring and improving our

website and service.

(iii) we may process information contained in or relating to any communication that you

send to us ("correspondence data"). The correspondence data may include the communication

content and metadata associated with the communication. Our website will generate the

metadata associated with communications made using website contact forms. The

correspondence data may be processed for the purposes of communicating with you and

record-keeping. The legal basis for this processing is your consent or our legitimate interests,

namely monitoring and improving our website and services.

(iv) we may process information contained in any inquiry you submit to us regarding

goods and/or services ("inquiry data"). The inquiry data may be processed for the purposes of

offering, marketing and selling relevant goods and/or services to you.

(v) we may process information that you provide to us for the purpose of subscribing to

our email notifications and/or newsletters ("notification data"). When you sign up for an account

or use certain features, you may be opting to receive messages and/or phone calls from us, .

You cannot opt-out of Administrative Emails. “Administrative Emails” relate to your activity on

the Company Service and include but are not limited to emails regarding your account, requests

or inquiries, and purchases of products and services, if applicable. If you do not want to receive

promotional emails from us, you may elect to opt-out of receiving promotional emails at any time

after registering, by e-mailing us at the email listed at the end of this Privacy Policy or by hitting

the “unsubscribe” button at the bottom of any of our e-mails.

(vi) we may process information relating to transactions, including purchases of goods

and services ("transaction data"). The transaction data may include first and last names, an

email address to be used as a login, billing contact information, credit card number, crypto

wallet address, and others. The transaction data may be processed for the purpose of supplying

the purchased goods and services and keeping proper records of those transactions. The legal

basis for this processing is the performance of a contract between you and us and/or taking

steps, at your request, to enter into such a contract and our legitimate interests.

(vii) we may process any of your personal data identified in this policy where necessary

for the establishment, exercise or defense of legal claims, whether in court proceedings or in an

administrative or out-of-court procedure. The legal basis for this processing is our legitimate

interests, namely the protection and assertion of our legal rights, your legal rights and the legal

rights of others.

(viii) we may process your personal data where such processing is necessary for

compliance with a legal obligation to which we are subject, or in order to protect your vital

interests or the vital interests of another natural person.

Providing your personal data to others.

Except as stated in this Section we do not sell or share your Personally Identifiable Information.

We may disclose your personal information to any member of our group, which means our

subsidiaries, affiliates or holding company, if any.

We employ third parties to perform functions on our behalf such as hosting or operating the Site,

processing and/or fulfilling orders for products purchased through the Service, sending e-mail

and/or other communications, maintaining customer and user information and databases, and

credit card payment processing. These third parties may have access to your personal

information in connection with performing these functions.

In addition, as our business changes, we may buy or sell various assets. In the event all or a

portion of the assets owned or controlled by us, our parent or any subsidiary or affiliated entity

are sold, assigned, transferred or acquired by another company, the information from and/or

about our Service users may be among the transferred assets.

We may disclose your personal data where such disclosure is necessary for compliance with a

legal obligation to which we are subject, or in order to protect your vital interests or the vital

interests of another natural person. We may also disclose your personal data where such

disclosure is necessary for the establishment, exercise or defense of legal claims, whether in

court proceedings or in an administrative or out-of-court procedure.

Targeted Advertising. “Targeted advertising” means presenting advertisements to you where

the advertisement is selected based on information obtained or inferred from the online behavior

of a user or Personally Identifiable Information of a user. If you do not want to receive emails

generated by this information, you may elect to opt-out of receiving these emails at any time by

e-mailing us at the email listed at the end of this Privacy Policy or by hitting the “unsubscribe”

button at the bottom of any of our e-mails.

Text Marketing and Notifications. If you enter your phone number while checking out and

making a purchase you agree that we may send you text notifications (for your order, including

abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a

condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with

STOP to any mobile message sent from us or use the unsubscribe link we provide to you within

any of our messages.

Non-Personally Identifiable Information. Non-Personally Identifiable Information is

information that does not identify a specific person. This type of information may include things

like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Site

or otherwise participating in the Service, the URL of the website you visit after leaving the Site,

the type of browser you are using, your Internet Protocol (“IP”) address, mobile carrier

information, mobile device information, or general and/or aggregated location data that does

constitute Personally Identifiable Information. We, and/or our authorized third parties may

automatically collect this information when you visit or use the Service using electronic tools like

Cookies and Web beacons or Pixel tags, as described below in this Privacy Policy. We use

Non-Personally Identifiable Information to troubleshoot, administer the Services, analyse trends,

gather demographic information, comply with applicable law, and cooperate with law

enforcement activities. We reserve the right to use, transfer, sell, and share aggregated,

anonymous data about our users as a group for any lawful business purpose, such as analyzing

usage trends and seeking compatible advertisers, sponsors, clients and customers.

Release of Non-Personally Identifiable Information.

We may disclose or share Non-Personally Identifiable Information with Third Party Providers

and the public. For example, we may share aggregated demographic information (which does

not include any Personally Identifiable Information) or use Third Party Providers to track and

analyze Non-Personally Identifiable usage and volume statistical information from our users to

administer the Service. We may also publish this aggregated information for promotional

purposes. Such data is collected on our behalf and is owned and used by us.

We may use Third Party Providers to serve ads when you participate in the Service. These

companies may use Non-Personally Identifiable Information about your visits and use of the

Service, and visits to other websites or locations to provide, through the use of network tags,

advertisements about goods and services that may be of interest to you. Our advertising service

vendors and other Third Parties will at times also use tracking technologies to serve you

advertisements tailored to interests you have shown by browsing on this Service and other

sites, applications, destinations, and services you have visited, and to determine whether you

have seen a particular advertisement before to avoid sending you duplicate advertisements, and

for other lawful business purposes. In doing so, these Third Parties may collect non-personally

identifiable data including for example the make, model, settings, specifications (e.g., CPU

speed, connection speed, browser type, operating system, device identifier) and geographic

location of your computer, mobile or other device, as well as date/time stamp, IP address,

pages visited, time of visits, content viewed, ads viewed, the site(s), application(s),

destination(s), and/or service(s) you arrived from, and other clickstream data. The use of

tracking technologies by Third Parties is subject to their own privacy policies, not this Privacy

Policy, and we have no responsibility or liability in connection therewith. If you do not want the

services that tracking technologies provide, you may be able to opt-out by visiting

http://www.aboutads.info.

Choices on Collection/Use of Information. You can always choose not to provide certain

information, although a certain level of information is required to engage and participate in the

Service.

About Cookies.

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web

server to a web browser and is stored by the browser. The identifier is then sent back to the

server each time the browser requests a page from the server.

Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be

stored by a web browser and will remain valid until its set expiry date, unless deleted by the

user before the expiry date; a session cookie, on the other hand, will expire at the end of the

user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal

information that we store about you may be linked to the information stored in and obtained from

cookies.

We use cookies for the following purposes:

(i) authentication - we use cookies to identify you when you visit our website and as you

navigate our website.

(ii) status - we use cookies to help us to determine if you are logged into our website.

(iii) security - we use cookies as an element of the security measures to protect our

website and services generally.

(iv) advertising - we use cookies to help us to display advertisements that may be

relevant to you.

(v) analysis - we use cookies to help us to analyze the use and performance of our

website and services; and

(vi) cookie consent - we use cookies to store your preferences in relation to the use of

cookies more generally.

Cookies used by our service providers and/or affiliates.

Our service providers, affiliates and partners use cookies, and those cookies may be stored on

your computer when you visit our website.

We may use Google Analytics or similar tools to analyze the use of our website. Analytics

providers gather information about website use by means of cookies. The information gathered

relating to our website is used to create reports about the use of our website. Google's privacy

policy is available at: https://www.google.com/policies/privacy/.

Managing cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for

doing so vary from browser to browser, and from version to version. You can however obtain

up-to-date information about blocking and deleting cookies via these links:

(i) Chrome https://support.google.com/chrome/answer/95647?hl=en

(ii) Firefox https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-

preferences

(iii) Opera http://www.opera.com/help/tutorials/security/cookies/

(iv) Internet Explorer https://support.microsoft.com/en-gb/help/17442/windows-internet-

explorer-delete-manage-cookies

(v) Microsoft Edge https://support.microsoft.com/en-

us/search?query=enable%20cookies%20in%20edge

(vi) Apple https://www.apple.com/legal/privacy/en-ww/

Local Device Storage and other Tracking Technologies; Do Not Track (DNT):

The Service will at times place and/or store code or other types of information and/or devices

(e.g., “cookies”) on your computer, mobile or other device (“Local Device Storage”). We may

use Local Device Storage for any lawful business purpose, including without limitation to

determine which of our messages have been opened by recipients so we can gauge the

effectiveness of marketing campaigns, to control the display of ads, to track usage patterns, the

movements of individual users, and your geographic location, to help diagnose problems with

our servers, to gather broad demographic information, to analyze trends, to conduct research, to

deliver editorial content, to record registration and personalization information, and to otherwise

administer the Service. For example, if you register on any part of the Service and are given the

option to save your user name and password, we may provide this convenience to you via Local

Device Storage. Local Device Storage may also collect and store your personally identifiable

information, which may be shared with our parent, subsidiaries, and affiliates and other

companies.

If you do not want Local Device Storage, your computer, mobile or other device may include an

option that allows you to not accept it. However, if you disable Local Device Storage, some

portions of the Service may not function properly.

Analytics.

We continuously improve our websites and our products, and we utilize different third-party web

analytics tools to help us do so. We are interested in how visitors use our websites, our desktop

tools, mobile applications, or our API, what they like and dislike, and where they have problems.

Our products, desktop tools, mobile applications and API use analytical tools to understand

feature usage patterns, to enhance and improve your product experience and offer you specific

usage tips and guidance. In connection with normal business operations, as well as to increase

functionality and enhance your user experience, this usage information may be linked to

personal information that we have about individual users. We maintain ownership of this data

and we do not share this type of data about individual users with third parties.

This information is used solely to assist us in maintaining a more effective and useful websites

and products for our customers. This data will not be shared with third parties without your prior

consent or unless required by law.

Consent to Transfer of Information.

Your information may be transferred to, and maintained on, servers and databases located

outside of your state, province, country or other governmental jurisdiction where the privacy

laws may not be as protective as your jurisdiction. Please be advised that we may transfer your

information to and from any state, province, country or other governmental jurisdiction, and

process it elsewhere. Your consent to this Privacy Policy followed by your submission of such

information represents your agreement to any such transfer.

Security of Information.

In the event you are provided with an opportunity to establish an account or profile on our Site,

you may be able to access your Personally Identifiable Information via the Service with your

password and username. This password is encrypted. We advise against sharing your

password with anyone. You need to prevent unauthorized access to your account and Personal

Information by selecting and protecting your password and/or other sign-in mechanism

appropriately and limiting access to your computer, browser, or mobile device by signing off

after you have finished accessing your account. Unauthorized entry or use, hardware or

software failure, and other factors, may compromise the security of user information at any time.

If we believe that the security of your information may have been compromised, we may seek to

notify you of that development.

We are committed to taking all reasonable precautions to safeguard the privacy of personal

information which has been provided by its users. We use technical, contractual, administrative

and physical security steps to protect your personal information. Security measures such as

restricted access and the use of passwords and encryption have been adopted to protect your

personal information against loss or theft, as well as unauthorized access, disclosure, copying,

use or modification. Our employees have been trained to respect your privacy at all times and

those employees with access to your personal information shall use your personal information

strictly in accordance with this Privacy Policy. We will protect your credit card information by

using industry standard encryption technology.

No data transmission over the Internet or via e-mail is completely secure and therefore we

cannot guarantee protection of all personal information in all cases. For example, we cannot

guarantee protection against interception, misappropriation, misuse, or alteration, or that your

information will not be disclosed or accessed by the unauthorized acts of others. Consequently,

we cannot ensure or warrant the security of any information you transmit to us, and you do so at

your own risk. If you provide us with your credit card number, you should not send it

electronically unless the email is encrypted, or your browser indicates that the access to our

website is secure. Materials posted to online forums such as bulletin boards or chat rooms are

public, not secure, and may be viewed by anyone. Any personal information you post may be

collected and used by anyone and may result in unsolicited messages from other parties.

Privacy Notice for California Residents.

California law requires that we provide you with a summary of your privacy rights under the

California Online Privacy Protection Act (“COPPA”) and the California Business and Professions

Code. We will never knowingly request personally identifiable information from anyone under

the age of 13 without prior verifiable parental consent. If we become aware that a child under 13

has provided us with personally identifiable information without verifiable parental consent, we

will use our best efforts to remove such information from our files. If a parent or guardian

becomes aware that his or her child has provided us with personally identifiable information

without verifiable parental consent, he or she should contact us at the email address below.

Other California Privacy Rights. California’s “Shine the Light” law (Civil Code Section § 1798.83)

permits users of our Site that are California residents to request certain information regarding

our disclosure of personal information to third parties for their direct marketing purposes. To

make such a request, please contact us via phone, email, or write to us as provided below in

our Contact Us Section.

Additional terms that apply to some residents of the European Economic Area (EEA).

In addition to the rights already recorded above, if you are based in the EEA, you may have the

following additional rights in relation to the personal information we hold about you, in

accordance with The General Data Protection Regulation 2016/67.

Additional Rights.

In this Section we have summarized the rights that you may have under data protection laws in

the EEA. Some of the rights are complex, and not all of the details have been included in our

summaries. Accordingly, you should read the relevant laws and guidance from the regulatory

authorities for a full explanation of these rights.

Your principal rights under data protection laws in the EEA are:

(i) the right to access;

(ii) the right to rectification;

(iii) the right to erasure;

(iv) the right to restrict processing;

(v) the right to object to processing;

(vi) the right to data portability;

(vii) the right to complain to a supervisory authority; and

(viii) the right to withdraw consent.

You have the right to confirmation as to whether we process your personal data and, where we

do, access to the personal data, together with certain additional information. That additional

information includes details of the purposes of the processing, the categories of personal data

concerned and the recipients of the personal data. Providing the rights and freedoms of others

are not affected, we will supply to you a copy of your personal data. The first copy will be

provided free of charge, but additional copies may be subject to a reasonable fee.

You have the right to have any inaccurate personal data about you rectified and, considering the

purposes of the processing, to have any incomplete personal data about you completed.

In some circumstances you have the right to the erasure of your personal data without undue

delay. Those circumstances include: the personal data are no longer necessary in relation to the

purposes for which they were collected or otherwise processed; you withdraw consent to

consent-based processing; you object to the processing under certain rules of applicable data

protection law; the processing is for direct marketing purposes; and the personal data have

been unlawfully process. However, there are exclusions of the right to erasure. The general

exclusions include where processing is necessary: for exercising the right of freedom of

expression and information; for compliance with a legal obligation; or for the establishment,

exercise or defense of legal claims.

In some circumstances you have the right to restrict the processing of your personal data.

Those circumstances may include you contest the accuracy of the personal data; processing is

unlawful, but you oppose erasure; we no longer need the personal data for the purposes of our

processing, but you require personal data for the establishment, exercise or defense of legal

claims; and you have objected to processing, pending the verification of that objection. Where

processing has been restricted on this basis, we may continue to store your personal data.

However, we will only otherwise process it: with your consent; for the establishment, exercise or

defense of legal claims; for the protection of the rights of another natural or legal person; or for

reasons of important public interest.

You have the right to object to our processing of your personal data on grounds relating to your

particular situation, but only to the extent that the legal basis for the processing is that the

processing is necessary for: the performance of a task carried out in the public interest or in the

exercise of any official authority vested in us; or the purposes of the legitimate interests pursued

by us or by a third party. If you make such an objection, we will cease to process the personal

information unless we can demonstrate compelling legitimate grounds for the processing which

override your interests, rights and freedoms, or the processing is for the establishment, exercise

or defense of legal claims.

You have the right to object to our processing of your personal data for direct marketing

purposes (including profiling for direct marketing purposes). If you make such an objection, we

will cease to process your personal data for this purpose.

You have the right to object to our processing of your personal data for scientific or historical

research purposes or statistical purposes on grounds relating to your particular situation, unless

the processing is necessary for the performance of a task carried out for reasons of public

interest.

To the extent that the legal basis for our processing of your personal data is: (i) your consent; or

(ii) that the processing is necessary for the performance of a contract to which you are party or

in order to take steps at your request prior to entering into a contract, and such processing is

carried out by automated means, you have the right to receive your personal data from us in a

structured, commonly used and machine-readable format. However, this right does not apply

where it would adversely affect the rights and freedoms of others.

To the extent that the legal basis for our processing of your personal information is consent, you

have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of

processing before the withdrawal.

If you consider that our processing of your personal information infringes data protection laws,

you have a legal right to lodge a complaint with a supervisory authority responsible for data

protection.

You may access your personal information that we hold by contacting us using the contact

details below. We will provide you with a copy of the personal information we keep about you.

However, we reserve the right to charge you a reasonable amount for providing copies of any

personal information you request, to take into account the time, cost and effort involved.

You may request that the personal information we hold about you be corrected by contacting us.

If we do not agree to your request for a correction, you may then request that we take

reasonable steps to attach to the information a statement of the correction sought but not made.

Please be aware that some of these rights may be limited or unavailable where we have an

overriding interest or legal obligation to continue to process the data, or where data may be

exempt from disclosure.

Customer Service. If you have any comments or questions regarding this Privacy Policy or

wish to report any violation of this Privacy Policy, you may contact us at the address below.

Email: help@theinvincibleshoe.com

Regular mail: mailed to 1177 High Ridge Road, Stamford, CT 06905

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