Customer Service

Terms & Conditions

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.

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.

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.