Terms of Use

IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF HEELYS.COM, THE HOME PAGE OF WHICH IS AT WWW.HEELYS.COM (THIS "WEBSITE"). YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

Copyright Notice and Use of Website:

The design of this website and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from this website are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this website are © 2009, Heelys Inc. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, Heelys Inc. reserves the right to seek all remedies available by law and in equity. Heelys Inc. reserves the right to block or deny access to the website to anyone at any time for any reason.

Trademarks:

Heelys Inc. ("Heelys" or "we") retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Heelys are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the heelys.com website. Your misuse of the trademarks displayed on the heelys.com website is strictly prohibited. You are also advised that Heelys will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Products, Content and Specifications:

All features, content, specifications, products and prices of products and services described or depicted on this website, are subject to change at any time without notice. Heelys makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time.

Special Notice on Search Engine Optimization:

Heelys and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any heelys.com Web page is prohibited absent express written permission from Heelys Inc. Framing, inline linking or other association of the heelys.com website or its or its suppliers' software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the heelys.com website is expressly prohibited.

Third Party Links:

Periodically, links may be established from this website to one or more external websites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the heelys.com website. None of these links should be deemed to imply that Heelys endorses the Third Party Sites or any content therein. Heelys does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Heelys will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

User Information:

Other than personally identifiable information, which is subject to this website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. If you are accessing and using this website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person's wrongful use of the website.

User Conduct:

You shall NOT do any of the following: (a) attempt to modify or "hack" this website; (b) access any area on the website which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of the website; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of the website; and (f) jeopardize the operation of computer systems owned by Heelys Inc. or any of its affiliates or the reputation of Heelys Inc. or any of its affiliates.

Shipping Eligibility:

This limited-time promotion is only available in the United States. Heelys does NOT ship to P.O. boxes. Heelys does not ship internationally.

Refusal of Shipments:

UPS will attempt to deliver your shoes up to 3 times before sending back to Heelys. In the event that a shipment is routed back to Heelys, we will attempt to send your shipment one more time before cancelling the order.

Returns:

We accept returns on our products under two conditions:

1. Heelys Error – should you receive product different from what you ordered, Heelys will pay for shipment on shoes back to its warehousing facilities, as well as for shipment on the correct product back to you.

2. Customer Dissatisfaction – You may return new items still in their original condition within 30 days of delivery. Customer is responsible for all shipping charges to return shoes to Heelys.

All returns must be verified by customer service. Heelys is not responsible for any shoes returned without being assigned a return authorization by customer service.

All shipments must be sent back with a carrier that enables tracking. Heelys is not responsible for lost, stolen or damaged goods.

Limited Warranty:

Shoes sold through the Heelys Shop are warranted against defects in materials and workmanship for 90 days from the date of receipt. Manufacturer's defects will be determined by Heelys. Valid claims will receive a full refund. Improper fit is not valid criteria for warranty. Warranty is valid only with proof of purchase from the Heelys Shop online store. Misuse, abuse or alteration of product voids warranty. This warranty does not apply to shoes sold outside of this limited online promotion. Heelys will not issue replacement product or credit for returned shoes that have experienced excessive wear or any type of abuse or mistreatments.

Limitations of Liability:

Heelys does not assume any responsibility, or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. IN NO EVENT WILL HEELYS, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Revisions to these Site Use Terms and Conditions:

These Site Use Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Site Use Terms and Conditions because they are binding on you. Certain provisions of these Site Use Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. Your continued use of this website after any changes to these terms and conditions are posted will be considered acceptance of those changes.