Thank you for visiting the website of Aerosoles (the “Site”), owned by Aerogroup International LLC. Please note: wherever “Aerosoles” is used on the Site, it refers to Aerogroup International 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 relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. All comments, feedback, suggestions, ideas, and other submissions disclosed, including reviews and ratings submitted or offered to Aerosoles on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Aerosoles property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Aerosoles of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Aerosoles is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. By submitting information, you warrant that Aerosoles may publish such information, use it as part of its operations, and incorporate its concepts in Aerosoles products without liability.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
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.
Most Aerosoles products displayed on the Site are available in select Aerosoles stores in the United States and Canada and may be available in select foreign markets, while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in Aerosoles stores. The prices displayed on the Site are quoted in U.S. Dollars. Prices shown on Aerosoles.com are valid online only. Styles available at Aerosoles Retail and Outlet locations may vary in price and selection.
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 Certicates/Gift Cards
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.
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.
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.
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.
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.