Terms of Use  

Welcome!
Thank you for visiting the website of Aerosoles (the “Site”), owned by Aero AG Holdings, LLC. Please note: wherever “Aerosoles” is used on the Site, it refers to Aero AG Holdings, LLC and/or its parent companies, subsidiaries, and affiliates. We welcome your business and hope you find the Site easy to use. Your use of the Site constitutes your agreement to follow and be bound by the terms and conditions that follow (the “Agreement”). If you do not accept and agree to the terms and conditions, do not use the Site. 

Since we reserve the right to revise the Agreement at any time, we encourage you to visit periodically to review the terms and conditions. Every time you use the Site you are accepting and agreeing to the terms and conditions found in this section of the Site as those terms and conditions may have been modified since your last visit.
Our Creative Side...
The icons, artwork, images, graphics, photographs, illustrations, text and other materials used on this Site which, together with the software and other computer code used to operate the Site (“Contents”), are owned, controlled or licensed by Aerosoles and are protected by copyrights, trademarks, trade dress, patents and/or other rights.

This Site and all of its Contents were designed with you in mind and are intended solely for your personal, non-commercial use. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Aerosoles. You may download or print in hard copy portions of this Site with the sole intent of placing an order with Aerosoles or for keeping store location, hours or phone number information. Any other use of the Contents of this Site, in whole or in part, for any other reason in any media without prior written permission from Aerosoles is strictly prohibited. No right, title or interest in any material downloaded or printed in hard copy from this Site is transferred to you.
Your Creative Side...
We love to hear from you, but Aerosoles does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information ("Unsolicited Information") relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. However, despite our above warning you decide to send Unsolicited Information to Aerosoles, it will be subject to our Submissions Policy below.
Submissions Policy...

License
You may voluntarily post, transmit to us electronically or otherwise provide to Aerosoles anything you have created, including but not limited to comments, questions, reviews, ratings, photographs, videos, music, sound clips, and Unsolicited Information (individually and collectively, “Submissions”) provided that in making your Submissions to Aerosoles you agree that you have (i) granted us a nonexclusive, fully paid-up, royalty-free, sublicensable, worldwide, perpetual, transferable, assignable and irrevocable right and license to use, copy, modify, adapt, translate, distribute, transmit, stream, broadcast, publish, create derivative works from, publicly display and/or perform, and otherwise utilize your Submissions anywhere in the world in any product or in any media, now known or hereafter created, without attribution to you; (ii) granted us the right, but not the obligation, to publicly use your name, nickname, user name, social media handle(s), biographical information, location, caricature, recorded voice, images, illustrations, photographs, portraits, likenesses, video clips and/or any other identifying information as included in any Submission made by you; (iii) granted us the right, but not the obligation, to take legal action against any person or entity that violates your and/or our rights in your Submissions; (iv) waived any right to inspect or approve any use of your Submissions or any derivative work created therefrom; (v) waived any right you may have to be identified as the submitter or creator of the Submission or any derivative work created therefrom; and (v) forever waived any claim to rights you may have in your Submissions, including but not limited to moral rights, if any.

Use
We may use the Submissions in any way we choose without any restrictions for as long as we choose including, without limitation, for product, promotional and advertising purposes. You agree that we do not owe you any compensation for using your Submissions.

We have no obligation to acknowledge, review or respond to you about the Submissions you make and we have no obligation to keep any Submissions confidential notwithstanding any request for confidential treatment that you may have included with your Submissions. You are and shall remain solely responsible for the content of any Submissions you make. We reserve the right, in our sole discretion and without notice, to remove any of your Submissions, with or without cause, in whole or in part and in whatever form, from our products, website, social media or our marketing materials.

Representations and Warranties
In connection with your Submissions, you represent and warrant that:

1. You will submit only material that you created.
2. You own or otherwise control all of the rights to any Submissions you make and use of your Submissions by Aerosoles will not infringe upon or violate the rights of any third party. If rights to all or any portion of your Submissions are owned by another party or parties (“Other Parties”), you represent and warrant that you have the necessary rights, consents and permissions from all Other Parties in order to comply with this Aerosoles Submissions Policy and to grant the license to Aerosoles required therein including, without limitation, the right to use the name(s), nickname(s), user name(s), social media handle(s), biographical information, location(s), caricature(s), recorded voice(s), images, illustrations, photographs, portraits, likenesses, video clips and/or any other identifying information of Other Parties without the need for compensation to you or to Other Parties. Other Parties include, without limitation, all people or other entities that are contained in your Submissions in text, photos, videos, voice clips or any other media and all parties with a claim to rights of any kind in your Submissions.
3. You and Other Parties, if any, included in your Submissions are at least 18 years of age.
4. You will not submit material that is copyrighted or protected by any other intellectual property right except if such rights are owned or controlled by you.
5. You will not submit material that is false or inaccurate.
6. You will not submit material that is disparaging to any individual or group based on race, color, national origin, religion, age, sex (gender), sexual orientation, physical or mental disability or that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, pornographic, or that is otherwise inappropriate.
7. You will not post advertisements or solicitations of business.
8. You will not submit or transmit any viruses or harmful software of any kind.
9. You will not misrepresent yourself or impersonate another person.
Errors on the Site
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your aerosoles.com purchase you may return it by following the instructions for returns posted in the Customer Service section of this Site.
Product Information
Aerosoles products may be available in select third-party stores in the United States, Canada and foreign markets, while supplies last. The prices displayed on the Site are quoted in U.S. Dollars and are valid at Aerosoles.com only.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, computer hardware and software, we cannot guarantee that your monitor's display of any color will be accurate.
Gift Certificate/Gift Cards
Effective January 29, 2018, subject to applicable law, 1) all Gift Cards, Merchandise Credits and Store Credits must be redeemed no later than February, 13, 2018, regardless of the date of issue, or the value will be forfeited, and 2) there shall be no refunds for the unused balance on any Gift Card, Merchandise Credit or Store Credit.
The following TERMS AND CONDITIONS ARE APPLIED TO GIFT CERTIFICATES/GIFT CARDS: gift certificates are redeemable only for merchandise and are not redeemable for cash unless required by law. Aerosoles reserves the right to refuse to send or transmit gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.
Links to Other Web Sites
For your convenience our Site may contain hyperlinks to non-Aerosoles websites. Aerosoles makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- Aerosoles sites.
Indemnification
You agree to defend, indemnify, and hold Aerosoles harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site, your breach of this Agreement, and/or any of the foregoing agreements, representations, and warranties.
Disclaimer
Visitors assume all responsibility and risk with respect to their use of the Site. Aerosoles provides the materials on this Site “As Is” and disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Aerosoles does not warrant that the Site is free of computer viruses, bugs or other harmful components. Aerosoles does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Aerosoles does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. Aerosoles does not have any duty to update its Site or modify the Contents, and Aerosoles shall not be liable for its failure to update such information.

Aerosoles reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.

IN NO EVENT SHALL AEROSOLES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF AEROSOLES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
Miscellaneous
This Site is owned and controlled by Aerosoles from its offices at 201 Meadow Road, Edison, New Jersey, 08817.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of New Jersey.

The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of Aerosoles’ right to later require strict observance of each of the terms herein. If any provision of this Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect.
Social Media Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. ODDS OF WINNING DEPEND UPON THE NUMBER OF PARTICIPANTS.

1. ELIGIBILITY: This promotion (“Giveaway”) is open only to any legal resident or citizen of the fifty (50) United States or District of Columbia who is 18 years of age or older. Individuals who are employees, officers or directors of Aerosoles (“Sponsor”), and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. All applicable federal, state, and local rules apply. Please note: Anyone who has won a prize in a promotion sponsored by Aerosoles on Instagram in the 12 months prior to the start of this Giveaway, along with any such person’s immediate family or household members who share the same mailing address, is also not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Giveaway Rules (the “Official Rules”) and Aerosoles’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. GIVEAWAY PERIOD: The date and time for the beginning and end of the Giveaway will be indicated in the Instagram post (the “Giveaway Period”).

3. TO ENTER: You must have or create an Instagram account to participate. There is no fee to create an Instagram account. During the Giveaway Period, enter by visiting Aerosoles on Instagram at https://www.Instagram.com/aerosoles_shoes. We invite you to follow the Aerosoles Instagram page, but that is not required to enter the Giveaway. Users who wish to enter the Giveaway must adhere to the requirements set forth in the caption of Aerosoles’s latest Instagram post. Each participant may make a maximum of one (1) entry via this method during the Giveaway Period. Multiple entries are not permitted. Any attempt by any entrant to make more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified in Aerosoles’s sole discretion. All entries must be received by Aerosoles during the Giveaway Period or they will be void. You must not inaccurately tag content (ex: don’t tag yourself in photos if you aren’t in the photo) and you must not misrepresent yourself or impersonate another person.

4. DRAWING: Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements. Giveaway Administrator will choose one potential winner at random to win the prize outlined in Aerosoles’s latest Instagram post. These determinations are final and binding with respect to all matters relating to the Giveaway. No information regarding entries or judging will be disclosed to any third party not involved in the conduct of the Giveaway or without a legal right to be in possession of such information.

5. WINNER NOTIFICATION. Potential winners will be notified via Instagram on or around the time specified in Aerosoles’s latest Instagram post. The winners will be announced on the Instagram post on or around the time specified in Aerosoles's latest Instagram post, and these winners will be notified via Instagram around that time . If any potential winner is found to be ineligible or if any potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential prize winner will be determined. If a potential winner cannot be contacted or if the prize is not claimed within 48 hours after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place from all entries received.

6. PRIZE: Prize award is subject to verification of eligibility and compliance with these Official Rules. Prizes and the redemption thereof are subject to terms and conditions specified by Aerosoles. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other Giveaway or offer. Sponsor reserves the right, in its sole discretion, to substitute and/or modify a prize with a prize of comparable or greater retail value, in its sole discretion. All taxes on prizes and all costs and expenses, if any, related to acceptance and use of the prize not specified in these Official Rules as being provided are the sole responsibility of winners. All prize details are at Sponsor’s sole discretion.

7. GRANT OF PUBLICITY: By participating in this Giveaway, you agree to permit Sponsor and its designees to use your name, city and state address and image or profile photo for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including but not limited to on Sponsor’s website and on Sponsor’s social media pages, in perpetuity, without compensation (unless prohibited by law) or permission from, or notification to you, and you further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use.

8. General Conditions: By participating in this Giveaway, you understand and agree: [a] to these Official Rules and decisions of Sponsor and Giveaway Administrator, which shall be final and binding in all respects relating to the Giveaway; and [b] to release, waive, discharge, indemnify, defend and hold harmless Sponsor, Giveaway Administrator, Instagram, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to participation in the Giveaway or acceptance, use or misuse of a prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy. Released Parties are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of Entries or votes; [b] failed, incomplete, garbled or delayed computer transmissions; late, lost, inaccurate, delayed, stolen, garbled, misdirected or incomplete entries or votes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes; or any condition caused by events that may cause the Giveaway to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Giveaway. Persons who tamper with or abuse any aspect of the Giveaway or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Giveaway or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Giveaway, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the prizes from all non- suspect, eligible entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. PRIVACY POLICY: To find out how your information may be used, please visit the following website: http://www.aerosoles.com/store/jump/static/SecurityPrivacy/8600010 Governing Law: The Giveaway and these Official Rules shall be construed in accordance with New Jersey state law. Sponsor and Giveaway Administrator: AEROSOLES 201 MEADOW ROAD, EDISON, NJ 08817. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not Instagram. If you have any questions about this Giveaway, please contact Sponsor and not Instagram.
Termination
This Agreement is effective unless and until terminated by either you or Aerosoles. You may terminate this Agreement at any time. Aerosoles also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Aerosoles’s sole discretion you fail to comply with any term or provision of this Agreement.