Terms of Use

These general terms and conditions of use (“Terms of Use”) govern your use of this website (www.findmeashoe.com®) (the “Website”). Your use and ability to register for use of this Website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and Content. Each time you use the Website, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Website, otherwise your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

This website is owned and operated by EMBL Retail Inc. and its subsidiaries and affiliates (hereinafter”EMBL”). EMBL may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Website. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Website.

This Website presents information, content, products and services (collectively, “Content”) that is owned exclusively or licensed by EMBL. When used in these Terms of Use, “we” and “our” mean EMBL and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this website.

Registration

You may avail of certain services on the Website after registering with the Website. Additionally, you shall have to check the box confirming that you have read and agree to these Terms of Use and the Privacy Policy.

The information sought at the time of registration may include your name, age email address, place of residence, phone number and other details at EMBL’s discretion.

Additional Terms

EMBL offers the ability to access and use certain Content for recommendations, guidance, advice, licensing, subscription or other payment-based arrangement through portions of this Website and other EMBL websites.We may have established or will establish additional or different terms and conditions for such other Content, products and services. You agree to review all applicable additional or different terms and conditions relating to EMBL products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have an account with EMBL, your customer relationship is also governed by other agreements, such as your account agreement, as applicable. In the event of any conflict between these Terms of Use and such account agreements, your account agreements shall govern and control.

Your Responsibility to Protect Your Account

When you sign up to use the Website and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless EMBL for losses incurred by EMBL or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Your Responsibility for Security

EMBL assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

Do Not Rely on This Website for Your Financial Decisions

The Content on this Website is for convenience and information purposes only. You should verify all Content provided through this Website before you make decisions. Unless otherwise specified, nothing on this Website constitutes an offer to sell or buy any product. Account information available on this Website is not the official record of your account. Nothing on this Website should be construed as rendering any advice including tax, legal, investment, or accounting advice. The posting of any information on this Website is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.

Ownership and Use of Content

All of the information and Content on this Website, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, , rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered (“Intellectual Property Rights”), are owned exclusively or licensed by EMBL. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain without any alteration all copyright, trademark, and other proprietary notices, legends or markings. EMBL reserves the right to terminate at any time your right to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Content are reserved.

Additional Use of Content specific to Foot Scanning and Footwear

The use of content includes all personal posted and stored feet scans, or any variation of the data formatting.

EMBL has the right to use the scanned feet profile, or any other scanned profiles for its business or research purpose. All personal details will be kept confidential as per EMBL confidentiality agreements described in this Terms of use. Customers will have to agree to let the company use their feet profile and not claim monetary benefit anytime in future. All feet scans become the property of EMBL.

Though EMBL is primarily involved only in providing recommendation of footwear and not sales of such footwear, any data collected will be owned by EMBL. Any transaction related queries of the footwear product is the sole responsibility and liability of either the retailer or the footwear manufacturer.

Any footwear recommendation generated by feet scanned by EMBL owned or acquired equipment has known errors. The calibration of such equipment is maintained by EMBL and can be obtained upon request. EMBL constitutes no liability for any recommendation that may be considered inaccurate or inappropriate. All costs incurred due to such recommendation are born by the website user and is in no way associated with a liability for EMBL, not limited to shipping, replacement, return, modification or destruction.

All scanners have been certified as safe equipment for usage and EMBL does not take any liability for any claims pertaining to any adverse effect after using the scanner or recommendation provided by the scanner.

Ownership and Use of Trademarks

The trademarks and service marks “EMBL” “Find me a Shoe”, and “Findmeashoe.com®”, and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) (“EMBL Trademarks”) displayed on the Website are owned by EMBL. Other proprietary EMBL marks may be designated as such from time to time on this Website through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of EMBL Trademarks, including, but not limited to, as metatags, key words, text or other links (unless otherwise permitted by EMBL in its sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by EMBL.

Links to third party websites

This Website may contain links to third-party websites. EMBL does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that EMBL is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Website and we are not responsible for any such websites linked to this Website. Your linking to any websites from this Website is at your own risk. By linking to a website or permitting a link to this Website, EMBL does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Website upon request from the owner of the linked website.

Availability

Not all of the products or services described on this Website are available in all areas of India and/or you may not be eligible for them. We reserve the right to determine eligibility.

Content Posted by You

The Website may contain various pages where you and other members may post content. You may only post content to the Website that you created or which the owner of the content has given you permission to post. You should carefully choose the information you post on the Website. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website. You may not post or distribute content that is illegal or unlawful (including any defamatory, or obscene content or content that violates another party’s right to privacy, right against publicity or puts such party in a false light), or that violates these Terms of Use. By posting or distributing content to the Website, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Website and (b) the content does not and will not infringe upon any copyright or any other intellectual property right of a third party, nor violates any other rights of a third party (including a third party’s right to privacy, right against publicity or puts such party in a false lightnor violates any law or regulation.

All information, ideas, suggestions, or other communications you submit to EMBL, including, but not limited to, content posted on the Website or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Website, you grant EMBL the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Website, EMBL does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. EMBL owns all right, title, and interest in any compilation, collective work or other derivative work created by EMBL using or incorporating content posted to the Website.

Content Posted by Other Users

EMBL is not responsible for, and does not endorse, content in any posting made by other users on the Website. You are solely responsible for your reliance on anything posted by another member on the Website. Under no circumstances shall EMBL be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact EMBL or click on the “Report Inappropriate Content”link on the Website. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Activities Prohibited on the Website

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. EMBL reserves the right to investigate and take appropriate legal action against anyone who, in EMBL’s sole discretion, engages in any of the prohibited activities. Prohibited activities include – but are not limited to – the following:

  • Using the Website for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EMBL in its sole discretion or pursuant to local community standards. However, EMBL takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or “spamming”;
  • Harassing, threatening, stalking, or abusing any person; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of EMBL, exposes EMBL or any of its customers or suppliers to any liability or detriment of any type.
  • EMBL reserves the right, but is not obligated, to do any or all of the following:

  • Record the dialogue or content posted on any pages of the Website;
  • Investigate an allegation that anything posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
  • Terminate a user’s access to the Website upon any breach of these Terms of Use;
  • Monitor, edit, or disclose any posting on the Website; and
  • Edit or delete any communications posted on the Website, regardless of whether such communications violate these standards.

Additional Information

All information, other than personal information subject to EMBL’s Privacy Policy, submitted to EMBL through this Website or any related EMBLWebsite is the property of EMBL. EMBL is free to use any ideas, concepts, know-how or techniques that you may submit to EMBL through this Website for any purpose, including but not limited to, improving our services. We are not subject to any obligations of confidentiality regarding any submitted information except as specified in EMBL’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Changes

EMBL reserves the right to change the Content on this Website and these Terms of Use from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

You may review EMBL’s Privacy Policy at http://www.embizlabs.com.

Termination

EMBL retains the right to deny access to the Website and/or the Services to anyone who it believes has violated any of these Terms of Use or does not accept these Terms of Use.

Children

This Website does not intend to market any EMBL products or services to children under thirteen (13) years of age. EMBL does not knowingly gather or solicit data from children under thirteen (13) years of age through this Website for marketing purposes. By using this Website you represent that you are not under thirteen (13) years of age.

Cautionary Language Regarding Forward-Looking Statements

All Content and any oral information provided by EMBL executives that relates to EMBL’s future performance or financial results are considered forward-looking statements. These forward-looking statements involve uncertainties that could cause actual performance or results to materially differ, and readers are cautioned not to place undue reliance on them.

Governing Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Website resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Information Gathered and Tracked

Information submitted through all feedback forms on the Website is stored in a database. Specifically, we store the name, e-mail address, contact number of and social networking account names supplied by visitors to our Website who wish to receive certain free services from the Company, including but not limited to product updates. We also use such information to send out occasional promotional materials, including alerts on new Services available. We guarantee that personal information about users will not be provided to any third party without their consent.

Indemnification

You represent, warrant and covenant (a) that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii)contain libelous or otherwise unlawful material; and (b) You hereby indemnify, defend and hold harmless EMBL and all of EMBL’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. EMBL reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Warranties

Your use of this Website and Content is at your own risk. We strive to provide accurate and up-to-date material on this Website. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Website. EMBL assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Website and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBL, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. EMBL makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Website. EMBL cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. EMBL cannot and does not guarantee or warrant any files available for downloading from this Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. EMBL cannot and does not guarantee or warrant that any content you post on the Website will remain on the Website. EMBL does not warrant or guarantee that the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected.

Limitation of Liability

EMBL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EMBL IS TO DISCONTINUE YOUR USE OF THE WEBSITE. EMBL, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EMBL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMBL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.