Welcome to PŌDI™! PŌDI™, LLC and its affiliated companies ("PŌDI™" or "we") are providing podiwear.com (the "Website") and related content and services to you ("User" or "you"), subject to the following terms and conditions of use ("Terms and Conditions").
Please read the Terms and Conditions carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the Terms and Conditions.
We are constantly making improvements to the Website, and therefore we may change the Terms and Conditions from time to time. PŌDI™ reserves the right, in its discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using the Website after PŌDI™ has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms and Conditions. In addition, PŌDI™ reserves the right to make improvements and/or changes in the Content of the Website at any time.
We want to hear your thoughts on the Website, good or bad, so please send you comments and questions about podiwear.com to info@podiwear.com.
Privacy
Please review our Privacy Policy, which governs the protection and use of any personal information you may provide to us. Our full privacy policy is available here.
Scope of Use
This Website and its Content (defined below) is solely intended to assist Users interested in PŌDI™, its advertisers and vendors. Subject to the Terms and Conditions, PŌDI™ grants you a limited, non-exclusive and non-transferrable license to access and use the Website only for the purpose of viewing the Content and shopping for items sold on the Website. and You may not sell, copy, distribute, license, transfer, publish, display, link to another website, transmit, download, store, post, enter into a database or in any way exploit the Content, in whole or in part, without PŌDI™'s prior written consent. No one may use any Content or register for PŌDI™ services in violation of the laws of the State of Illinois any other federal, state, or local law or regulation. Any such improper action is expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the full extent of the law.
We reserve the right to deny access to anyone who violates these Terms and Conditions, or who, in our judgment, interferes with the ability of other Users to enjoy the Website. We also reserve the right (without any obligation to do so) to delete, move, block, or edit any content that we consider unacceptable or inappropriate, whether for legal or other reasons. We do not as a practice review private emails that are not addressed to PŌDI™. However, we maintain the right to do so or to use any other forms of information available to PŌDI™ by virtue of your use of the Website in order to comply with the law, to enforce these Terms and Conditions, or to otherwise protect the rights, property or safety of Users and PŌDI™, its members, managers, officers, employees, agents, vendors and advertisers.
Without limiting the foregoing, we may immediately terminate your use of the Website if you or someone on your behalf engages in any of the following prohibited activities:
- Posting, transmitting or otherwise making available through the Website any content that might be unlawful, threatening, libelous, obscene, vulgar or otherwise harmful, including racially, ethnically or otherwise objectionable language;
- Impersonating another person or falsely misrepresenting your affiliation with another person or organization, or invading any other person's privacy;
- Posting, transmitting or otherwise making available through the Website any content that you do not have a right to make available by law (such as confidential or proprietary information or content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party);
- Posting, transmitting or otherwise making available through the Website any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation, without our prior written consent;
- Uploading, posting, transmitting or otherwise making available through the Website any malicious content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with or disrupting any PŌDI™ servers or networks, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide services to Users, including the manipulation or forging of identifiers in order to disguise the origin of any information posted on the Website or otherwise provided to PŌDI™ or its affiliates;
- Violating any local, state, federal or international law;
- "Stalking" or otherwise harassing another;
- Collecting or storing User data, or posting, providing, transmitting or otherwise making available any junk mail or spam; and
- Gaining unauthorized access to the Website or any computer system or network connected to the Website, including by means such as hacking, password mining or other illicit means, including for the purpose of obtaining materials or information not intentionally made available through the Website.
Copyrights and Trademarks
All content on this Website, including vendor listings, text, graphics, photographs, logos, images, audio clips, video clips, digital downloads, and data compilations (the "Content") is the property of PŌDI™ or its third party content suppliers and licensors and is protected by United States and international copyright and trademark laws. All software used on this Website is the property of PŌDI™ or its software suppliers and is protected by United States and international copyright laws.
The name "PŌDI™" and “Dare to Change” are trademarks of PŌDI™, LLC. PŌDI™'s name and logos may not be used in conjunction with any product or service which is not offered by PŌDI™, is likely to cause confusion, or in any manner that disparages or discredits PŌDI™. Any trademarks not owned by PŌDI™ that appear on this Website are the property of their respective owners, who may or may not be affiliated with or sponsored by PŌDI™.
Use of Website for Purchases
As a service to our registered Users, PŌDI™ allows you to purchase items through the Website in conjunction with PŌDI™â€™s vendors. The Website also allows registered Users to communicate through the Website. While we encourage open communication, we ask that you use discretion in selecting content (i.e. choose your words carefully and don’t steal other people’s stuff), including following the guidelines set forth above.
If you register with PŌDI™, you acknowledge that you are at least 18 years old, and agree that the information you provide to PŌDI™ is accurate and complete. We reserve the right to reject or terminate any User that, in our judgment, has submitted incomplete, false or misleading information. Each time you use your User ID or password, you will be authorized to access and use the Website consistent with these Terms and Conditions, and PŌDI™ has no obligation to investigate the source or authority of access or use of the Website. You alone will be responsible for maintaining the confidentiality of your password and the persons who access your site, and you will be responsible for anyone who accesses or uses the Website using your User ID and password, whether or not you authorized such access and use. You agree to notify us immediately of any known or suspected unauthorized use of the Website via your User ID or password. You agree that your User ID and password are non-transferable.
Any and all purchases are governed by PŌDI™â€™s and its vendors’ standard sale terms, which are provided at the time of sale.
User Contributions to the Website
PŌDI™ reserves the right to republish any material contributed by our Users to the extent permitted by law. Any content you communicate to PŌDI™ will be treated as non-confidential and non-proprietary. By delivering or posting content, you expressly grant PŌDI™ and its affiliates a non-exclusive, royalty-free, worldwide right to republish such content for marketing or other legal purposes. You are responsible for ensuring that content you post to the Website does not violate applicable law.
DISCLAIMER – No Warranties
All information on the Website is provided to Users on an "as is", "as available" and "believed accurate" basis without warranty of any kind either express or implied, including but not limited to the implied warranties merchantability, fitness for a particular purpose, non-infringement or availability. All information is subject to errors, change or withdrawal at any time and without notice.
PŌDI™ does not warrant or make representations regarding the results that may be obtained by using the Website or as to the reliability, accuracy or currency of any information, content or service acquired by use of the Website.
PŌDI™ does not warrant that the Website, its servers, or e-mail transmitted by PŌDI™ is free of viruses or other harmful components. Content may be updated, changed, modified, or withdrawn at any time. USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. Neither PŌDI™, the Content providers, nor any person involved in the creation, production, distribution of this Website warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components.
LIMITATION OF OUR LIABILITY
UNDER NO CIRCUMSTANCES SHALL PŌDI™, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS AND ADVERTISERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF PŌDI™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT SATISFIED WITH OUR SERVICES, THE WEBSITE AND/OR ITS CONTENT, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THOSE PORTIONS OF THIS SECTION THAT MAY BE INVALID OR UNENFORCEABLE IN SUCH JURISDICTIONS SHALL BE SEVERED, AND THE REMAINING PORTIONS OF THIS SECTION SHALL BE DEEMED VALID AND ENFORCEABLE, TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify (i.e. "pay for"), defend and hold harmless PŌDI™, its members, managers, officers, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions.
Violations of Terms and Conditions of Use
PŌDI™ reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in the Website, including the right to block access from a particular Internet address to the Website. You agree that in the event the damages of a violation of these Terms and Conditions are difficult to determine, PŌDI™ shall be entitled to $2,500 as liquidated damages for each violation of these Terms and Conditions, in addition to the right to block your access to the Website and to seek injunction relief.
Linked Internet Sites
As a customer service, PŌDI™ offers links to other sites. PŌDI™ does not assume any responsibility for those sites, their terms and conditions of use, or their privacy policies, and provides those links solely for convenience of its Users. If you link to any other sites, you do so at your own risk and may rely only on their terms and conditions and privacy policies. The inclusion of any link does not imply a recommendation or endorsement by PŌDI™ of the linked site.
Illinois Law and Jurisdiction
Any claims relating to the Website must be brought in the state or federal courts of the State of Illinois, County of Cook, and shall be governed by the laws of the State of Illinois, with regard to its conflict of law rules.
Third Party Rights
These Terms and Conditions are for the sole benefit of PŌDI™, its members, managers, officers, employees and agents. No other person, including any User, shall have the right to assert a claim under these Terms and Conditions.
Other General Provisions
The Terms and Conditions of Use constitute the entire agreement between you and PŌDI™ and govern your use of the Website and any services offered by PŌDI™, and this agreement supersedes any prior terms of use agreements between you and PŌDI™, whether written or otherwise. If any of these Terms and Conditions shall be deemed invalid or unenforceable under certain circumstances, then such provision shall be severable and shall not affect the validity and enforceability of any remaining provision, and shall be valid and enforceable under other circumstances to the fullest extent by law. The section titles and other headings are for convenience only and shall have no legal effect.
Returns & Exchanges
If the shoes/covers you order from www.podiwear.com don't fit or don’t work properly, we have a return policy to protect our customers.
Returns or exchanges are permitted, provided you purchased the product through our website and it is within 30 days of the original invoice date.
Shoes/covers must be free of wear and tear and must be thoroughly cleaned so that all dirt and debris is removed.
Dirty or disfigured shoes/covers will be returned to you without evaluation.
Shipping charges are not refundable. All exchanges will be shipped via surface delivery at no charge to the customer.
Please refer to the back of your invoice for the required return form or contact info@podiwear.com for more information.
All packages should be sent via UPS. PŌDI, LLC® is not responsible for packages lost in transit.
Once we receive your return, please allow up to 10 business days to complete your return or exchange. |