Terms of service

Last Updated: 05/04/2026

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE LIMITATIONS OF LIABILITY AND WAIVERS OF CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION OR PROCEEDING. FOR MORE INFORMATION, PLEASE READ SECTION VI, BELOW. 

I. INTRODUCTION

Welcome to Archies!

These Terms outline the rules and guidelines governing your use and access of our Services and define the relationship between you (the user) and us (the service provider). For example, these Terms explain: (1) what you can expect from us; (2) what we expect from you; (3) who can do what with Your Content and on the Services; and (4) how we will resolve Disputes between you and us. 

By accessing, browsing, or using any portion of the Services, clicking an acceptance button or checkbox (such as “I Agree,” “I Accept,” or similar) where presented, creating an account, submitting information through the Site, or purchasing any products, you are entering into a binding contract with us that includes these Terms. Other Terms may govern certain features or material on the Service, such as free trial and reward programs, subscription programs, offers, sweepstakes and contests.  You can access some of our Other Terms by clicking on the hyperlinks below:

By participating in any activity on the Services governed by Other Terms, you agree that you will be subject to those Other Terms in addition to these Terms.

For information on how we collect, use and protect personal data, please refer to our Privacy Policy. By using our Services, you also acknowledge our Privacy Policy.

II. DEFINITIONS

In this document, capitalized words not otherwise defined have the meanings given to them in this Definitions section or otherwise defined throughout. The Definitions section also includes explanations for certain lowercase words.

“Company,” “we,” “our,” and “us” means and refers to Archies Footwear LLC and its predecessors in interest, successors, parents, subsidiaries, affiliates, and assigns, as well as each of their respective past, present, and future employees, freelancers, directors, officers, and shareholders. 

“Content” means graphics, pictures, images, artwork, videos, animations, audio, sounds, music, audio-visual effects, text, titles, names, themes, dialogue, characters, stories, concepts, objects, virtual items, patterns, textures, designs, models, concepts, interactive features, code, scripts, software, metadata, digital works, suggestions, feedback, messages, reviews, files, documents, and all other content.

“Dispute” means any dispute, claim, or controversy between you and us, including but not limited to disputes, claims, or controversies related to or arising from the Services, our Products, or these Terms or Other Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and/or the Other Terms.

“DMCA” means the Digital Millennium Copyright Act, 17 U.S.C. § 512.

“IP” means any intellectual property or intellectual property rights, including any copyright, trademark, patent, trade secret, or other proprietary interests, whether registered or unregistered, under the Laws of any jurisdiction.

“Laws” means all laws, rules, codes, statutes, ordinances, regulations, treaties, directives, and legal or regulatory requirements or guidance and agreements that apply to the Services or Content.

“Mobile Services” means services or functionality we provide, if any, that are accessible via mobile devices, including apps (if any), mobile-optimized versions of our website, push notifications, location-based services, and SMS, MMS, iMessage and other mobile-based communications.

“Notice of Dispute” or “Notice” means a notice of Dispute from you to us. 

“Notice Address” means legals@archiesfootwear.com.au to which a Notice of Dispute from you to us must be emailed. 

“Other Terms” means individually or collectively any other agreements, addenda, or terms entered into by you and Us that are governed by, or otherwise incorporate by reference, these Terms. By way of example, Other Terms include, but are not limited to, the Privacy Policy, Your Privacy Choices, Shipping Policy, Returns and Refunds Policy, Accessibility Statement, and Intellectual Property Statement. 

“Our Content” means the Services, and any IP or Content owned or provided by or on behalf of us, including any software, technology, tools, designs, templates or tools provided to users.

“Persona” means, collectively, name, brand, likeness, image, social-media handle(s), avatars, signature, voice, performance, profile and biographical information.

“Products” means all items made available for purchase through our Services.  

“Third-Party Terms” means the terms of use and other applicable policies for applicable third-party services.

“Products” means products made available for purchase through the Services.

“Services” means the Site, and other websites, mobile applications and any other programming, tools, applications, technical products, features, software, games, experiences, advertising, marketing, or documentation provided by us and to which these Terms apply

“Site” means https://archiesfootwear.com/ and all subdomains thereof.

“Review” means a review about us or our products or services. 

“Terms” means these Terms of Service, as updated from time to time.

“You” or “you” means the person entering into these Terms with us.

“Your Content” means any Content you create, submit, store, upload, broadcast, provide or share using the Services, or otherwise provide to us, including any Persona (to the extent incorporated therein), but excludes Our Content or Content provided by other users.

III. YOUR RELATIONSHIP WITH US

A. What you can expect from us

Services. We may offer a range of Services, your use of which is governed by these Terms. 

Update, develop, and enhance Services. We may develop new technology or features that improve or modify the Services. To that end, we may add or remove certain features, functionalities, or Services. If we make a significant change that impacts your use of the Services, or if we stop offering a service altogether, we will endeavor to notify you unless the situation is urgent (for example, to prevent abuse, address security issues, respond to legal requirements, etc.).

Update, clarify, or amend these Terms. We may make non-material changes to these Terms or any Other Terms without notice, but if we make a change to these Terms or any Other Terms that materially affects your rights, we will provide you with notice (to the extent we have your contact information). If you do not agree with any Terms, including any changes to the Terms or Other Terms, you must stop using the Services. Your continued use of the Services constitutes acknowledgment of, and agreement to, the Terms, including any changes to the Terms or Other Terms.

B. What we expect from you

Follow all applicable rules. The permission we give you to use the Services lasts as long as you comply with: (1) these Terms; and (2) any Other Terms—which will be controlling if there is any conflict with these Terms—that may apply to specific uses of the Services. We will let you know when Other Terms apply to your use of the Services.

Provide true information. We may ask you for certain information from time to time, including to use the Services, and when the law says we have to. You agree to give us true information only, and you understand that lying or not providing certain information may mean that you won’t be able to access or use certain Services.

Give feedback or suggest improvements, if you want. If you give us any comments, feedback, or suggestions, you agree that we may use those submissions without notice, payment, or any other obligation to you. We do not accept unsolicited Content or ideas from users, including, without limitation, for Products, Services, websites or features. You acknowledge that we may be working on, or receive, other ideas (or employees or third-party independent contractors may create materials on their own) that are similar or identical in theme, format or other respects to any idea created by you, and we shall have no liability to you for any use of any idea, including, without limitation, direct, indirect, contributory, vicarious, secondary or damages, or infringement or protection of any copyright in or to any idea. We are not responsible for any unauthorized use of any idea by third parties.

Make certain promises, also known as representations and warranties. By using the Services, you represent and warrant that:

  • you have the rights and ability to enter into these Terms and any Other Terms;

  • your use of the Services and performance under any Other Terms won’t violate any third party’s rights, applicable Laws or Third-Party Terms;

  • your use of the Services will be for your personal enjoyment only or for use as outlined in any Other Terms, but not for any commercial purposes; 

  • you exclusively own the rights in Your Content or, if not, you have obtained all rights necessary to  us the rights granted hereunder (including all sublicense rights);

  • the use of Your Content as set forth herein or in any Other Terms will not violate these Terms, Other Terms, any Laws or Third-Party Terms, or any rights (including any IP, privacy rights, or rights of publicity) of any third party, or cause us to incur any additional fees; and

  • if Your Content uses any third party’s IP (like logos, designs, brand names), such use is expressly permitted by the applicable rights holder or otherwise is permitted by fair use or other applicable Laws.

IV. USING THE SERVICES

A. Accessibility Support and Feedback

If you experience difficulty accessing any portion of the Services, we encourage you to contact us via the form at https://archiesfootwear.com/pages/accessibility-statement. We commit to acknowledging all requests within two (2) business days and providing a meaningful response or alternative means of access while remediation is underway.

When reaching out, please include:

  • the URL of the page where the issue occurred; and

  • a brief description of the accessibility barrier you encountered.

We will make reasonable efforts to review accessibility feedback and respond in a timely manner. Where appropriate, we may provide alternative means of access to the requested content or functionality while remediation efforts are underway. Additional information regarding the our accessibility practices and resources is available in our Accessibility Statement.

Nothing in this Section shall be interpreted as creating a legal standard beyond those required by applicable law.

B. Age Requirements

To use the Services, you have to be at least 18 years old. If you’re a parent or legal guardian allowing a minor to use the Services, then you agree these Terms apply to you and that you’re responsible for their and your activity on the Services. You also are responsible for any transactions undertaken by you or the minor.

C. Your Account

You may need an account with us to access and use certain parts of the Services. Only you are responsible for what happens on your account and for keeping your passwords and other credentials private and safe. You are only allowed to have one account with us. If you think your account was hacked, stolen, or used without your permission, please contact us at customerservice@archiesfootwear.com

D. Products

You may use the Services to order Products only in accordance with our Terms. All Products are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

Generally, use of the Services is limited to orders for your personal use. If you are interested in buying large quantities of products, please contact us as outlined below.

Shipping and taxes are shown at checkout. Applicable sales taxes and shipping charges will be shown during the checkout process prior to finalizing your order. If applicable, VAT is included in the purchase price. Shipping charges include the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to Products passes to you upon shipment. We endeavor to deliver all orders on schedule. However, we do not guarantee delivery dates, including because our shipping providers or suppliers may experience shipping delays or problems.

Purchases are subject to our Return Policy. Products purchased through the Services are subject to the terms and conditions of our then-current Returns & Refunds Policy. Products purchased through third-party channels are subject to the terms and conditions applicable to that third-party channel. 

Descriptions may not always be 100% accurate. While we strive to be as accurate as possible, we do not warrant that Product descriptions, images, photographs, pricing or other information on the Services are 100% accurate, complete, current, or error-free. Weights and size dimensions are approximate. If a Product is not as described, your sole remedy is to return it in accordance with our Returns & Refunds Policy.

Our Products are for consumer use only. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease, injury, or medical condition. Any references to comfort, support, or wellbeing reflect general consumer use and do not constitute medical advice or claims.

By purchasing or using our Products, you acknowledge and agree to the following:

Proper Fit and Sizing Responsibility: Proper fit is essential for safe and comfortable use. While we may provide sizing guides, fit recommendations, or general information for reference purposes only, you are solely responsible for selecting the appropriate size and fit for your individual needs.

We are not responsible for discomfort, injury, or other issues arising from improper sizing or fit.

Intended Use and Surface Conditions: Our Products are is designed for specific uses and activities as described on the product page or packaging (for example, casual wear or athletic use).

Unless a Product is expressly identified as slip-resistant, safety-rated, or designed for occupational or hazardous environments, the Product is not intended for use on slick, oily, wet, uneven, or hazardous surfaces. Use of a Product outside its intended purpose or conditions may increase the risk of injury.

Break-In and Individual Comfort: New Products may require a gradual break-in period. Individual comfort levels vary. We recommend initially wearing new footwear for short periods and gradually increasing use to reduce the risk of blisters, irritation, or discomfort.

Inspection and Condition of Footwear: You should inspect Products upon receipt and before use. Do not wear Products that appears damaged, defective, altered, or excessively worn. Continued use of damaged Products may increase the risk of injury.

Assumption of Risk and Limitation of Responsibility: To the extent permitted by applicable law, you assume all risks associated with the use, misuse, or inability to use our Products, except as expressly provided under the Returns & Refunds Policy or any applicable statutory warranties.

To the fullest extent permitted by applicable law, we disclaim liability for injuries arising from ordinary wear, misuse, failure to follow instructions, or use inconsistent with the Product’s intended purpose

Nothing in this section limits or excludes any non-waivable rights you may have under applicable consumer protection laws.

You agree you have the right to use your method of payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account for any such purchase. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

E. Mobile Services

Be responsible for mobile access, fees, and security. If you access the Services through a mobile device, your carrier’s standard charges, data rates, and other fees may apply. While we aim to make the Services broadly accessible on mobile devices, we do not guarantee compatibility or performance on all devices. You are solely responsible for ensuring your device is compatible with the Services, and for maintaining its security, including updating software and protecting it from unauthorized access. Use of the Services on mobile devices may involve additional risks, for which you are solely responsible.

F. Notifications and Messages

Notifications and Messages. If you affirmatively opt-in to receive communications on the Services via SMS, MMS or iMessage for both transactional and marketing purposes, these messages may be sent using an autodialer and may be recurring. You can opt-out of receiving these messages at any time by texting “STOP” in response to any message or by contacting us as outlined in our Privacy Policy. You may also text “HELP” for more information. Please note that standard message, data, and other fees may be charged by your carrier, for which you are responsible. Not all phone and carrier services are supported, so please check with your carrier for details.

Where required or deemed appropriate, we may use a double opt-in confirmation process. After your initial opt-in request, you may receive a confirmation message requiring you to verify your enrollment (for example, by replying “Y” or “YES”). You will not be enrolled in the SMS program unless and until this verification step is completed.

In the event you change or deactivate your mobile telephone number, you agree to promptly update your credentials to ensure that your messages are not sent to the person that acquires your old number. If you fail to do so, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

By using other aspects of our Services or specific features that require communication, you may also receive related notifications and updates as part of your use of those services. %

For help or additional information, you may reply “HELP” to any message or contact us directly at customerservice@archiesfootwear.com.

G. Using Services Responsibly

You are responsible for your interactions with other users on the Services. We reserve the right to monitor interactions between users, but we are not obligated to do so, and cannot be held liable for your interactions with other users, or for any user’s actions or inactions. If you have a dispute with one or more users, you release us from claims, and damages of every kind, arising out of or in any way connected with such disputes. In entering into this release, you waive any protections that would otherwise limit the coverage of this release.

The Services are controlled and operated from the United States, and we do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

We have to set some ground rules for the Services so that everyone can enjoy them and we can protect peoples’ rights. Therefore, you agree that:

You WILL:

  • treat us, our employees, and all users of the Services with respect; and

  • comply with all applicable Laws and Third-Party Terms.

Use the Services only as permitted by these Terms or Other Terms. You may NOT do any of the following, unless laws prohibit these restrictions, or you have our advance prior written permission to do so:

a. share, download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;

b. duplicate, change, break, decompile, reverse engineer, disassemble or decode the Services or any part thereof (including any underlying idea or algorithm), or attempt to do any of the same;

c. share, upload, distribute, transmit, display, perform, reproduce, duplicate or publish files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Services;

d. use, reproduce or remove any proprietary notations displayed on or through the Services (e.g., trademark or copyright notices);

e. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

f. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

g. use the Services or any part thereof in any manner that could disable, overburden, damage, disrupt or impair the Services or any part thereof or interfere with any other party’s use of the Services or any part thereof, or use any device, software or routine that causes the same;

h. attempt to gain unauthorized access to, interfere with, overwhelm, burden, damage, disrupt, impair damage or disrupt or negatively impact the Services, accounts registered to other users, or the computer systems or networks connected to the Services or any part thereof;

i. use or attempt to use another person’s account or device without their permission;

j. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services or any part thereof;

k. use any robot, mods, hacks, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services or any part thereof to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same (in no event shall any robots.txt file or other such protocol be construed as granting written permission to engage in the conduct prohibited by this paragraph);

l. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

m. use the Services for or post Content that is harmful, harassing, unethical, fraudulent, obscene, vulgar, abusive, profane, harmful, disruptive or otherwise objectionable or offensive, or violates other contractual or fiduciary rights, duties, or agreements;

n. share, upload, distribute, transmit, display, perform, reproduce, duplicate or publish deceptive, unfair or misleading statements, or unauthorized promotion (including, without limitation, chain letters or pyramid schemes, statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials);

o. impersonate any other person or entity, whether actual or fictitious, including, without limitation, our employees and representatives, or misrepresent your affiliation with any entity, including, without limitation us;

p. violate any applicable Laws in connection with your use of the Services or Third-Party Terms;

q. use the Services in any way not expressly permitted by these Terms or Other Terms; or

r. Encourage or enable any other person or entity to do any of the foregoing.

By using other aspects of our Services, or specific features that require communication, you may also receive related notifications and updates as part of your use of those Services.  We reserve the right to remove Your Content for any or no reason, including if Your Content violates these terms, any Other Terms or Law, or the rights of another person.

V. CONTENT ON THE SERVICES

A. Our Content

The Services include Our Content, which belongs to us. As between you and us, we shall be and remain the sole owner of Our Content. We give you permission to use Our Content solely to use the Services, subject to these Terms and any Other Terms, but we retain all IP in Our Content. You agree not to do anything to violate, infringe upon, or misappropriate our IP/Our Content.

B. Your Content

You own the IP in Your Content. However, you grant us, including our users / users of the Service, permission to use Your Content as set forth in the license below.

Unless otherwise agreed by us in writing, the scope of the license you grant to Your Content hereunder is:

  • worldwide, meaning it’s valid all over the world;

  • non-exclusive, meaning you can give the same license to others;

  • royalty-free, meaning there are no royalties owed to you for this license (and, for the sake of clarity, we may, but have no obligation to, provide or offer you compensation for, or opportunities for you to monetize, Your Content); and

  • irrevocable, meaning you can’t take it back.

We may (but are not obligated to):

  • copy, use, transmit, broadcast, reproduce, publicly perform, and publicly display Your Content, including to save on the Service and its systems and show or make publicly available to other users;

  • modify and prepare derivative works based upon Your Content, including to edit them or make new versions of them;

  • otherwise use, distribute, commercialize, and exploit Your Content; and

  • sublicense, meaning grant any or all of these rights to other Archies users / users of the Services, licensees or other third parties.

We may exercise these rights for any lawful purpose including, without limitation, the purposes of:

  • operating and improving the Services, including to provide the Services to you and others, allow the Services to work as intended, and create new features and functionalities; and

  • promoting and marketing Archies, the Services, Our Content and Your Content.

The license above continues for as long as Your Content is protected by IP Laws.

C. Other People’s Content

The Services may give you access to Content that belongs to others. You can use Content that belongs to others in and as permitted by the Services, these Terms and any Other Terms, but these Terms do not grant you the right to use it in any other way without the applicable rights’ holder’s permission.

D. Infringing Content

If you believe that any user-generated Content or other material made available through the Services violates your copyright, please submit a notification in accordance with the DMCA, to our DMCA Agent:

Attn: Archies Footwear, LLC

General Counsel

8 Hutchins Way, Westford, MA 01886

legals@archiesfootwear.com.au

Notices related to trademarks, right of publicity, or IP matters may be sent to the same recipient.

If any of Your Content is taken down after we receive a DMCA notice, you can send a counter-notification as laid out in section 512(g) of the DMCA, and we may re-post Your Content in question.

We, in our discretion, when it’s appropriate, will disable or terminate the accounts of users who repeatedly infringe IP.

E. Reviews

We love when Your Content is feedback about experiences with us and/or our Products, as customer feedback helps us to improve our offerings and connect with our community. By submitting Your Content that contains a Review, you agree that:

  • The Review complies with these Terms 

  • You are actually a user of the Product or service being reviewed

  • The Review reflects your honest opinions, findings, beliefs, or actual experience using the Product(s)

  • You will disclose in the Review (in easy-to-understand language and in an unavoidable place) if you received any Product(s) mentioned in your Review for free or at a discount, or if you have any other connection us that might materially affect the weight or credibility of your Review.

We reserve the right not to post or delete any Review that:

  • We reasonably believe is fake or is:

  • unlawful

  • unrelated to the Products or services offered by us 

  • clearly false or misleading

  • harassing or abusive, inappropriate with respect to race, gender, sexuality, ethnicity or another intrinsic characteristic

  • defamatory, libelous, or slanderous

  • violative of the Terms or applicable Laws

Contains:

  • unlawful material

  • personal information

  • trade secrets, or privileged information

  • confidential commercial or financial information

  • personnel and medical files or similar information

  • records or information compiled for law enforcement purposes

We try to check and publish Reviews after successful submission to us. If a Review is not published after you submitted it to us, it may have violated the Terms. 

Please be aware that Reviews on the Services may be viewable by others. We cannot guarantee that you will have any recourse through our Services or us generally to edit or delete any Review. 

VI. ISSUES, CLAIMS, RISKS, AND DISPUTES

A. Warranty Disclaimer

We work continuously to improve the Services and meet your needs. However, for legal reasons, we offer the Services without warranties unless specifically stated in Other Terms. The law says we need to explain this with specific language in capital letters. Here is that explanation: 

WE PROVIDE THE SERVICES AS IS AND AS AVAILABLE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT THE SERVICES (OR ANY CONTENT OR FEATURES THEREOF), INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

B. Assumptions of Risk

You understand that certain portions of the Services are made possible by third parties. You agree that we do not control any third parties and won’t be responsible for any losses or harm that they cause, either directly or indirectly.

Content is for informational purposes only. The Content provided on the Services is for informational purposes only and should not be relied upon for making significant decisions regarding your personal, professional, medical, legal, or financial matters. The information presented here is not intended to replace professional advice, diagnosis, or treatment from qualified experts in various fields. We strongly advise you to consult with a certified professional before making any major decisions or changes based on the Content provided on the Services. By using the Services and Products, you acknowledge and agree that any reliance on the Content provided is at your own risk. We are not liable for any damages or losses resulting from the use or misuse of the Content or Products on the Services.

C. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES, OR (2) DAMAGES ARISING FROM INTERRUPTIONS; DELETION OF FILES, EMAIL, OR DATA; SYSTEM ERROR, FAILURE OR MALFUNCTION; VIRUSES; DELAYS IN OPERATION OR TRANSMISSION; OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL; OR (3) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. 

YOU HEREBY ACKNOWLEDGE THAT OUR SOLE AND ENTIRE MAXIMUM LIABILITY TO YOU FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DEMAND, SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCT(S) WHICH GIVE RISE TO SUCH CLAIM OR DEMAND.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

D. What Happens if You Break Our Rules

Before we take any action described below, we may try to give you notice unless doing so would cause someone else harm, compromise the Services, or violate any Law. If you violate the Law, these Terms or any Other Terms and we do not take action right away, that doesn’t mean we give up any rights that we may have. We may take appropriate action in the future.

E. Termination

We have the right to terminate your access to the Services. We may terminate your access to the Services if you violate these Terms, Other Terms, Law or Third-Party Terms, or the rights of another person, or for any other reason in our sole discretion. If this happens, any license granted to you in connection with the Services are terminated immediately. We also reserve the right to terminate any other accounts you may create or have created.

If your account or your access to the Services is violated, the license granted to us for Your Content will survive to the extent necessary for the continued operation of the Services and the rights of users who have already accessed or used Your Content. 

F. Indemnification

If someone sues us, you may have to pay for their defense and legal fees.  You agree to defend, indemnify and hold us and any of their respective officers, directors, shareholders, employees, or independent contractors harmless from and against any claims asserted against us or them arising out of or relating to your use or actual or alleged misuse of the Services, violation of these Terms or any Other Terms, Your Content, or your negligence or misconduct. This applies to all liabilities or expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. You shall cooperate fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

G. Dispute-Resolution Process 

Prior to commencing, joining, or being joined (as either an individual litigant or the member of a class) to any judicial action that asserts a claim against us arising from, relating to, or in connection with these Terms, the Services, or the Products, you agree to provide, in writing to the address listed below, a Notice of Dispute.  You further agree to include with that Notice, your name, a way in which we can contact you (i.e., address, telephone number, email address, etc.), a description of your claim, and any documentation in your possession supporting your claim.  You also agree that, in order to comply with this provision, you must submit your Notice on behalf of yourself only and not as part of a class or group of individuals.  You also agree to provide us no fewer than thirty (30) days from the date you submitted your Notice to resolve your dispute, whether by taking corrective action or compensating you for your alleged damages.

Address to Send Your Claim: 
Archies Footwear, LLC
8 Hutchins Way, Westford, MA 01886
ATTN: Legal 

YOU AGREE THAT PROVIDING NOTICE OF YOUR DISPUTE TO US AND ALLOWING US AT LEAST THIRTY (30) DAYS TO ATTEMPT TO RESOLVE YOUR CLAIM IS A CONDITION PRECEDENT TO YOUR COMMENCING, JOINING, OR BEING JOINED TO ANY JUDICIAL ACTION AGAINST US, AS EXPLAINED ABOVE.

H. Class Action Waiver

IF, AFTER HAVING PROVIDED COMPANY NOTICE OF YOUR DISPUTE AND AT LEAST THIRTY (30) DAYS TO RESOLVE IT, YOU AND COMPANY HAVE STILL NOT REACHED A RESOLUTION AND IF YOUR CLAIM EXCEEDS $1,000, YOU AGREE TO WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO YOUR CLAIM.

I. Jury Trial Waiver

To the fullest extent permitted by applicable law, you and we waive the right to a jury trial.

J. Governing Law and Venue

You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms, the Services, or the Products) is governed by and shall be construed in accordance with the laws of the State of Delaware, United States, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Delaware, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.

VII. NOTICE FOR CALIFORNIA USERS 

Under California Civil Code Section 1789.3, California users of online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

VIII. NOTICE TO NEW JERSEY USERS

The sections on indemnification and limitation of liability do not apply to New Jersey residents to the extent that New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.

IX. MISCELLANEOUS

You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written permission. We may assign or transfer any of our rights or obligations hereunder without your permission and without notice to you.

If any clause within these Terms is found to be invalid, unenforceable, void, voidable, or illegal, that clause will be severed and the remainder of the Terms will be given full force and effect.

These Terms, together with Other Terms, represent the entire agreement between you and us and supersede any prior agreements or understandings, whether written or oral, between you and us.

All provisions of these Terms that would reasonably be expected to survive the termination of these Terms, including, without limitation, those related to IP, limitation of liability, and indemnification, will do so.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

We will be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines, pandemics, epidemics, or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are unable to ship you an item you ordered because of such an event, we will address as required by law.

This Agreement is between you and us. There are no third-party beneficiaries except as otherwise expressly provided herein.

If you have questions about these Terms, please contact legals@archiesfootwear.com.au