Terms of Service for Hover Sole
This document ("Terms") constitutes a legally binding agreement between you, the user ("User" or "you"), and Hover Sole ("Company," "we," "us," or "our"), governing your access to and use of the website hoversole.com (the "Service").
1. Acceptance of Terms
By accessing or utilizing the Service, you signify your unequivocal acceptance of and agreement to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.
2. Definitions
For the purposes of these Terms:
- "Service" refers to the website hoversole.com, including all associated content, features, and functionalities offered on or through hoversole.com.
- "User" or "you" refers to any individual or entity accessing or using the Service.
- "Content" refers to any text, images, videos, audio, or other materials generated, provided, or otherwise made accessible on or through the Service.
3. Use of the Service
3.1. License Grant. Hover Sole grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.
3.2. User Responsibilities. You hereby affirm and warrant that you possess the legal capacity to enter into this agreement. You agree to use the Service solely for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.
3.3. Acceptable Use. You shall not use the Service to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
4. Intellectual Property Rights
4.1. Company Ownership. All intellectual property rights in the Service, including but not limited to copyrights, trademarks, service marks, trade names, patents, and trade secrets, are owned by Hover Sole or its licensors. These Terms do not grant you any right or license with respect to any such intellectual property. You acknowledge and agree that the Service and its original content, features, and functionality are and will remain the exclusive property of Hover Sole and its licensors.
4.2. User Content. To the extent you provide any Content to the Service, you hereby grant Hover Sole a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in connection with the Service and Hover Sole's business, in any media formats and through any media channels.
5. Prohibited Activities
You are expressly prohibited from engaging in the following activities:
- Attempting to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service.
- Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
- Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to the Hover Sole servers than a human can reasonably produce in the same period by using a conventional on-line web browser.
- Circumventing, disabling, or otherwise interfering with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
6. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOVER SOLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOVER SOLE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.
7. Limitation of Liability
IN NO EVENT SHALL HOVER SOLE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. Indemnification
You agree to defend, indemnify, and hold harmless Hover Sole, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
9. Termination
Hover Sole may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the State of Delaware.
11. Changes to Terms
Hover Sole reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
12. Miscellaneous Provisions
12.1. Entire Agreement. These Terms and our Privacy Policy constitute the sole and entire agreement between you and Hover Sole regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the