These Terms of Service ("Terms") govern purchases from and use of viakix.com and related services provided by VIAKIX LLC ("VIAKIX," "we," "us," or "our"). The website and related services are referred to as the "Services."

Agreement and eligibility

By accessing or using the Services, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Services or make a purchase.

You must be at least 18 and of legal age to enter a binding contract where you live to create an account or make a purchase. If acting for an organization, you must have authority to bind it. These consumer Terms do not replace a separate written wholesale, retailer, influencer, or other business agreement.

Privacy and our service providers

Our Privacy Policy describes collection and use of personal information, including cookies and advertising technologies. Our Do Not Sell or Share My Personal Information page explains advertising choices.

Our store is hosted by Shopify, and we use Shopify Network Intelligence. Shopify processes information about visits and purchases, including to provide services based on interactions with our store, other merchants, and Shopify. Information is shared with Shopify and relevant third parties that may operate in other countries. See our Privacy Policy, the Shopify Consumer Privacy Policy, and Shopify's Privacy Portal for information and applicable choices.

If you choose a third-party payment, financing, or other independent service, its separately presented terms may apply to that service. Those arrangements do not remove VIAKIX's own obligations to you.

Accounts and security

Provide accurate, current information and keep it updated. Protect your credentials and do not knowingly allow unauthorized use of your account. Contact us promptly if you suspect misuse. Responsibility for an unauthorized transaction is determined by the circumstances and applicable law; access using your credentials does not automatically establish that you authorized it.

You may ask to close your account at legal@viakix.com. Closure does not cancel an outstanding order or eliminate records that we may lawfully retain as described in our Privacy Policy.

We may restrict access or suspend an account where reasonably necessary to address fraud, unlawful conduct, security risks, material violations of these Terms, or legal requirements. Restrictions do not eliminate existing refund, warranty, or other rights that cannot lawfully be withheld.

Products and information

Product descriptions, prices, sizes, colors, and availability may change for future purchases. Screen settings and ordinary manufacturing variations can affect appearance, and fit varies by person. These qualifications do not excuse materially inaccurate descriptions, defective products, or failure to honor applicable warranties.

General footwear, fit, and activity information is not individualized medical advice. Use products for their described purposes, follow care instructions, and assess conditions and your own needs. No footwear prevents every slip or injury. These statements do not waive claims for a defective product or other liability that cannot be waived.

Orders and payment

Review your product selection, size, shipping address, and total before submitting an order. You authorize the displayed charges, including disclosed taxes and shipping, to your selected payment method. Prices are in U.S. dollars unless expressly stated otherwise. Payment and financing providers process transactions under their applicable terms.

An order acknowledgment confirms receipt of your order. We accept an order when we send a shipping confirmation, unless we expressly accept it earlier. Before acceptance, we may decline or cancel an order for a legitimate reason, such as unavailable inventory, a material listing error, suspected fraud, payment failure, or undisclosed commercial resale. If we cancel a prepaid order, we will refund the canceled portion. We will not charge a higher price to correct an error without your agreement.

We may apply reasonable quantity limits disclosed before purchase. Separate terms may apply to authorized wholesale orders. We do not impose a financing arrangement or recurring charge unless its material terms are separately disclosed and you affirmatively agree.

Contact customercare@viakix.com about an incorrect charge so we can investigate. This does not limit payment-provider dispute rights or extend their deadlines. Knowingly false claims remain subject to applicable law; an unsuccessful dispute is not automatically fraudulent.

Delivery

We currently ship within the United States and do not offer international shipping. Available methods, charges, and delivery estimates are presented during purchase or in the applicable shipping information. Estimates are subject to circumstances such as carrier interruptions, but we remain responsible for legally required shipping notices, delay options, and refunds. If we cannot ship within the promised period, we will provide the choices required by law.

Provide a complete delivery address and contact customercare@viakix.com promptly about a missing, incorrect, or damaged delivery. Any additional charge for a requested address change or reshipment must be disclosed and agreed to. Nothing in these Terms automatically transfers every shipping risk to you when a package is handed to a carrier.

Returns, exchanges, and warranties

Our Returns and Exchanges Policy and Warranty Policy, as presented when you purchase, describe the applicable eligibility, procedures, coverage, and disclosed charges and form part of your purchase agreement. Start a return through our return portal or contact customercare@viakix.com.

For eligible U.S. returns, return shipping for the first pair from each order is free. If you return more than one pair from that order, a $7 return fee applies to each additional pair. We do not charge a restocking fee. Eligibility conditions and the return window are stated in our Returns and Exchanges Policy; purchases through a marketplace also follow its applicable return procedures.

Our product warranty lasts one year from delivery for products purchased directly from VIAKIX, including on our website or through a marketplace where VIAKIX is the seller. The Warranty Policy describes the coverage and claim process. Purchasing from an unrelated reseller is not the same as purchasing directly from VIAKIX. This description of our voluntary warranty does not limit statutory rights.

Conditions for discretionary change-of-mind returns, including an unworn-condition requirement or return window, do not eliminate remedies for defective, misdescribed, or undelivered goods that applicable law provides. Nothing in these Terms disclaims a written product warranty, an express product representation that forms part of your purchase, or an implied warranty or remedy that cannot lawfully be excluded.

Discounts and promotions

An offer's stated eligibility, exclusions, expiration, and redemption limits apply. Unless the offer states otherwise, one promotional code may be used per order, codes cannot be combined, and a discount applies only when properly entered before completing the purchase. Promotional codes have no cash value, except where law requires otherwise. These restrictions do not convert a purchased gift card or legally protected credit into an expiring promotional coupon.

We may reject fraudulent, altered, or unauthorized codes and correct errors prospectively. We will honor binding offers and legal obligations. For a permitted return, the refund reflects the amount paid and any charges properly disclosed and lawfully applicable.

Marketing email

We use Omnisend to send marketing emails, including newsletters, offers, and abandoned-cart reminders, subject to your choices and any consent required by law. Our Privacy Policy explains how information is used for these communications.

You can unsubscribe using the link in a promotional email or by contacting customercare@viakix.com. An unsubscribe applies to promotional emails, including abandoned-cart reminders, but does not prevent necessary order, security, or customer-service messages. Newsletter enrollment is optional. Any signup discount is subject to the offer's stated terms, and unsubscribing does not change the agreed price of a completed purchase. We currently do not operate an SMS marketing program.

Reviews, submissions, and feedback

You retain ownership of reviews, photographs, and other material you submit. You represent that you have the rights needed to submit that material and that it does not unlawfully infringe another person's rights or disclose their private information.

For material you submit for public display through the Services, you grant VIAKIX a nonexclusive, worldwide, royalty-free license to host, reproduce, display, distribute, and make reasonable formatting edits to that material for operating and promoting the Services. We may permit providers assisting us with those functions to exercise these rights. We will not alter a review's substantive meaning or falsely imply an endorsement. Separate creator or licensing agreements control when applicable.

This public-content license does not apply to private support messages or private account information, which are handled under our Privacy Policy. Feedback about improving our products or Services may be used without compensation or an obligation to implement it.

You may share honest opinions and experiences, including negative reviews. These Terms do not prohibit lawful reviews, penalize criticism, or require you to transfer ownership of a review. We may moderate spam, unlawful content, unrelated material, private information, or content that violates legitimate, consistently applied review rules; we do not remove a review solely because it is negative.

Acceptable use and intellectual property

You may use the Services for lawful personal shopping and related purposes. You may not commit fraud, impersonate another person, submit malicious code, bypass access controls, disrupt the Services, unlawfully collect others' information, or infringe intellectual property rights. Unauthorized automated access that materially burdens the Services or circumvents technical restrictions is prohibited. Nothing in these Terms prohibits activity protected by law, including lawful reviews or reporting a security issue without exploiting it or exposing personal information.

Except for user material and third-party rights, VIAKIX or its licensors owns the website content, designs, branding, and related intellectual property. You receive a limited, revocable permission to access and use the Services for their intended purposes. No ownership rights transfer to you. Any other use requires permission unless allowed by law.

To report suspected copyright infringement, email legal@viakix.com with your contact information, identification of the work, the location of the disputed material, and the basis of your claim. Include an electronic or physical signature and the statements of authority, accuracy, and good faith required for a formal legal notice.

Third-party services and accessibility

Links to independent websites do not establish VIAKIX's endorsement or control of their content. Review the terms and privacy practices of any independent service you choose to use. We remain responsible for duties that applicable law imposes on us concerning providers we engage.

If you encounter an accessibility barrier, contact customercare@viakix.com, describe the page or function involved, and tell us how to reach you. We will work to provide assistance and an accessible way to obtain the information or complete the transaction. Our Accessibility Statement provides additional information.

Website availability and disclaimers

This website disclaimer does not disclaim product warranties, excuse a misleading product description, eliminate our privacy or security duties, or limit rights that cannot be waived. In particular, it does not exclude implied warranties or consumer remedies protected by Massachusetts law or other applicable law.

Limitations of liability

These exclusions and limits do not apply to fraud, intentional misconduct, gross negligence, personal injury caused by negligence or a defective product, or any liability, statutory damages, warranty obligation, refund, attorney-fee entitlement, or other remedy that applicable law does not permit us to limit. They do not restrict public injunctive relief where protected by law. If your jurisdiction does not permit a particular restriction, that restriction does not apply to you.

Responsibility for unlawful submissions or conduct

To the extent permitted by law, you agree to reimburse VIAKIX for reasonable losses and third-party claim expenses, including reasonable legal fees, caused by your unlawful submissions, infringement of a third party's rights, fraud, or intentional misuse of the Services. This obligation applies only to the extent you are legally responsible. It does not apply to VIAKIX's own wrongdoing, ordinary lawful use of the Services, a good-faith complaint, or an honest review.

We will give reasonable notice of a covered third-party claim and a reasonable opportunity to participate in its defense. No settlement may impose an admission, payment, or nonmonetary obligation on you without your consent, which will not be unreasonably withheld. This section does not create a general obligation to pay VIAKIX's fees in a dispute between you and VIAKIX.

Dispute resolution

Please read this section carefully. It requires you and VIAKIX to resolve covered disputes through binding individual arbitration, subject to the limited exceptions below and your right to opt out.

Informal resolution

Before starting arbitration, the party bringing the dispute will send a written notice describing the issue, relevant transaction or events, contact information, and requested resolution. Send your notice to legal@viakix.com; we will send ours to your available contact address. Either party may be represented by counsel. We will try in good faith to resolve the matter within 30 days after receipt.

This process does not prevent a small-claims filing, a report to a regulator, a request for urgent relief, or a filing necessary to preserve a legal deadline. To the extent permitted by law, limitation periods are paused during the 30-day informal process. The process does not replace or extend a legally required notice or response deadline.

Mandatory individual arbitration

Except for the limited exceptions below, and unless you opt out as described below, you and VIAKIX must resolve disputes arising from or relating to these Terms, the Services, purchases, communications, or the collection or use of personal information through final, binding individual arbitration administered by New Era. Neither party may elect litigation of a covered dispute instead of arbitration. This agreement applies to events occurring on or after you accept this arbitration provision and survives termination of your account or relationship with us. It does not retroactively impose arbitration on earlier events merely because updated Terms are posted.

The Federal Arbitration Act governs this arbitration agreement. A court will decide whether an arbitration agreement was formed and any other issue that applicable law reserves for a court. Subject to that limitation, the arbitrator will decide disputes about the interpretation, scope, applicability, or enforceability of this arbitration agreement and the merits of a properly referred dispute.

30-day right to opt out

Administrator procedures and costs

New Era ADR, Inc. ("New Era") will administer the arbitration through its online platform under its applicable rules and procedures for Virtual Expedited Arbitrations, including its Mass Arbitration Rules and Procedures when applicable, and its Minimum Fairness Standards for consumer cases. The rules in effect when a case is initiated apply, subject to this agreement and applicable law. A neutral arbitrator will be selected through New Era's applicable selection process.

Visit New Era ADR for its current rules, fee schedule, and fairness standards. You may start a case at app.neweraadr.com or contact support@neweraadr.com for filing assistance. Use legal@viakix.com as VIAKIX's contact address. We will use your last known contact address for communications to you, subject to legally required notice procedures.

Fees are allocated under New Era's applicable consumer fee schedule, any applicable fee arrangement, its Minimum Fairness Standards, and law. VIAKIX will pay the fees assigned to a business, including the consumer case fee, and any additional amounts required by law. Your share of filing fees will not exceed the lesser of the applicable New Era consumer amount or the filing fee for a comparable court case where you live. We will pay any difference needed to meet this limit. Any applicable fee waiver remains available. Attorney fees and remedies are determined by applicable law; we will not seek fees from you solely because you brought a claim in good faith and did not prevail.

Proceedings ordinarily take place through New Era's virtual platform or written submissions, with reasonable accommodations required by law. Both parties may use counsel, present their claims and defenses, and obtain relevant information consistent with the applicable rules and law. The arbitrator may award the relief available under applicable law and will issue a written award, with any explanation required by the rules or law. A court with jurisdiction may enter judgment on the award. Statutory rights to judicial review are preserved.

Exceptions and individual proceedings

Either party may bring a qualifying individual claim in small-claims court. Either party may request temporary court relief needed to preserve the status quo or protect rights while arbitration is pending. You may contact or complain to government agencies, which may act as permitted by law.

To the extent permitted by law, you and VIAKIX agree to bring covered claims individually and not as a class or representative action. This restriction does not exclude New Era's Mass Arbitration Rules and Procedures for qualifying individual claims. Those procedures may include coordinated administration, bellwether cases, settlement proceedings, and consideration of lead decisions, subject to the rules' individual-presentation protections and applicable law. They do not authorize a class arbitration. Each party retains the opportunity to present the facts and arguments relevant to its individual claim as provided by the rules and law.

No provision waives a right to public injunctive relief that cannot lawfully be waived. If such relief must be sought in court, that claim may proceed there, and a court will decide whether other proceedings should be stayed. Claims that cannot legally be arbitrated remain in court. There is no separate waiver of a jury trial for claims that properly proceed in court.

Unavailability, changes, and severability

New Era is the designated administrator. If it is unavailable to administer a dispute, the parties will seek to agree on a substitute neutral administrator with comparable consumer protections. If they cannot agree within 30 days, either party may ask a court with jurisdiction to appoint a substitute arbitrator under Section 5 of the Federal Arbitration Act, where permitted. The parties intend the obligation to arbitrate to survive the administrator's unavailability. This fallback does not excuse VIAKIX's failure to pay required fees or comply with applicable standards, or override a remedy that applicable law provides for that failure.

If the class action waiver is unenforceable for a particular claim or request for relief, that claim or request will proceed in court rather than class arbitration. Other severable provisions remain effective to the extent lawful. We will provide notice of any material change to this arbitration agreement, and you may reject the change as described in 30-day right to opt out. A change will not apply to a claim that was filed, or described in a notice of dispute, before the change took effect.

Governing law and courts

Massachusetts law governs these Terms, except that the Federal Arbitration Act governs the arbitration agreement and mandatory protections under other applicable law remain available. Choice of Massachusetts law does not deprive consumers of nonwaivable protections of their home jurisdiction.

For claims that properly proceed in court, the parties consent to the state courts in Middlesex County, Massachusetts, and the federal courts for the District of Massachusetts, except that you may bring a claim in a court in your home jurisdiction where applicable consumer law or the small-claims exception permits. These Terms do not create federal jurisdiction where it otherwise does not exist.

Changes and other terms

We may revise these Terms for future transactions and use of the Services. We will identify the effective date and provide notice and obtain assent when required. Changes do not retroactively reduce rights arising from a completed purchase. The dispute-resolution section contains additional rules for changes to arbitration.

These Terms, the applicable return and warranty policies, and any separately accepted transaction-specific terms form the agreement on their subject matter. A specific offer or written product warranty controls over a conflicting general provision. Our Privacy Policy controls descriptions of information practices. A separate written agreement signed by both parties controls a conflict within its scope. These Terms do not exclude claims based on fraud or other nonwaivable rights.

Failure to enforce a provision once is not a waiver of future enforcement. An unlawful provision will be limited or severed to the extent permitted, subject to the special arbitration rules above. We may transfer this agreement as part of a business transaction, but doing so does not reduce your existing rights. You may not transfer your contractual obligations without our consent, except as permitted by law.

Events outside reasonable control may delay performance, but do not eliminate legally required refunds, notices, or other nonwaivable obligations. Provisions intended to survive, including applicable intellectual property protections, liability limits, and dispute-resolution terms, survive termination.

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