Terms and Conditions

Version 1.0 (01 of July 2017)

Welcome

Underfoot inc. (UNDERFOOT) is pleased to provide you with access to the UNDERFOOT website and related services owned or operated by UNDERFOOT on these terms and conditions.

By accessing or using the UNDERFOOT Website you agree to be bound by these terms and conditions of use as amended from time to time.

About this Website

UNDERFOOT publishes or makes available on the UNDERFOOT Website information, advertisements and links supplied by UNDERFOOT and third parties (Material). UNDERFOOT does not warrant, represent, authorize or endorse the reliability, accuracy or completeness of any such Material published on the UNDERFOOT Website or on any web site that links from the UNDERFOOT Website.

Personal and Non Commercial Use Only

Use of the UNDERFOOT Website is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use. You must not:

·         modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;

·         use or attempt to use any Material published on the UNDERFOOT Website to create any web site or publication;

·         mirror or frame any web site or page within the UNDERFOOT Website; or

·         transfer or sell any information, functionality or products or services offered on the UNDERFOOT Website;

without the written approval of UNDERFOOT.

UNDERFOOT may terminate your right to access and use the UNDERFOOT Website at any time.

You are Responsible for the use of this Website

While UNDERFOOT takes care to ensure that the Material on the UNDERFOOT Website is correct, current and free from errors, UNDERFOOT does not warrant the accuracy or completeness of or the representations made by the Material on the UNDERFOOT Website or any web site that links from the UNDERFOOT Website or any information received as a result of using the UNDERFOOT Website.

The services and Material made available on the UNDERFOOT Website are provided as general information only. UNDERFOOT does not warrant that the services and Material are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.

If UNDERFOOT suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to indemnify UNDERFOOT for all such loss and damage.

UNDERFOOT's Responsibility to You is Limited

UNDERFOOT will only be liable to You:

·         where the law implies a term into these terms and conditions which cannot be excluded and UNDERFOOT breaches that term . Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so UNDERFOOT liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or

·         if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by UNDERFOOT.

Other than as set out above UNDERFOOT, will not be liable to You:

·         for claims arising out of or in connection with your access and use of the UNDERFOOT Website and related services whether arising in contract, tort ( including negligence), indemnity, strict liability, breach of warranty or statute; and

·         for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

For the purposes of this section, the term UNDERFOOT will mean UNDERFOOT, its officers, employees, contractors and agents, whether individually or collectively.

Copyright and Trademarks

Material on the UNDERFOOT Website is © UNDERFOOT Limited 2016. All rights reserved. Unless otherwise indicated on the UNDERFOOT Website, the material on the UNDERFOOT Website is owned by or licensed to UNDERFOOT and is subject to copyright ( the "Copyright Material"). You may:

·         only copy or reproduce the Copyright Material for the purpose of browsing the UNDERFOOT Website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;

·         not alter or modify the Copyright Material or remove any legal notice associated with it.

UNDERFOOT and other names of UNDERFOOT product and/or services referenced herein are trademarks or registered trademarks of UNDERFOOT Pty Ltd. Other product and company names mentioned on the UNDERFOOT Website may be the trademarks of their respective owners.

Communications Services

UNDERFOOT may provide you with the ability to communicate with UNDERFOOT, the UNDERFOOT Website, advertisers and users of the UNDERFOOT Website through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums and other forms of electronic messaging (Communications Services).

You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by UNDERFOOT.

Use of the Communications Services is provided on condition that You do not do any of the following:

·         transmit any information or material which is knowingly incorrect, misleading or deceptive;

·         transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;

·         use the Communications Services for any unlawful purpose;

·         post or upload files that contain software or other material or information in breach of any persons intellectual property or privacy rights.

·         upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

·         delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

·         advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters other than as approved by UNDERFOOT.

·         download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.

UNDERFOOT may, but has no obligation to do so, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

In consideration of UNDERFOOT allowing you to access and use the UNDERFOOT Website you grant to UNDERFOOT a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as UNDERFOOT determines from time to time (subject to any applicable laws).

Our and Third-Party Communications

By entering your details and email address in order to receive our daily free news service, you consent to receiving from UNDERFOOT/UNDERFOOT or from our third-party partners, future communications by email and other media including newsletters, special offers and promotional materials unless otherwise advised by the newsletter recipient.

What Law Governs these Terms and Conditions

This Agreement and your use of the UNDERFOOT Website is governed by and construed in accordance with the laws of the State of Missouri and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

Changes To These Terms and Conditions

UNDERFOOT may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms of use and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

UNDERFOOT may cease to provide you with access to the UNDERFOOT without notice.

All rights not expressly granted are reserved.