RAISED.COM TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website (the “Site”) (the “Services”), you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the Services. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Services following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Privacy Statement will mean you accept those changes.

RAISED.COM SERVICES

The Services, which are available on the Site, may contain links to other websites that are owned or controlled by Raised Project LLC or its affiliates or related corporate entities (referred to as “Raised Project,” “we,” “us,” or “our” herein). If you use these links, you will leave this Site. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies. 

RESTRICTIONS ON USE OF MATERIALS

The Services are owned and operated by Raised Project.  Except as otherwise permitted by these Terms of Use, no material from the Services or any Site owned, operated, licensed or controlled by Raised Project may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Raised Project or its affiliates, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of Raised Project. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

USE OF SERVICES

You may not without the prior written permission of Raised Project, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site, or accessed through this Site. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Raised Project.

THIRD-PARTY COPYRIGHTS

If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from this Site by contacting Raised Project as set forth below and providing the following information:

Send this information by mail to:

Raised Project LLC

c/o Law Department

330 West 34th Street

New York, NY 10001

counsel@footlocker.com

In an effort to protect the rights of copyright owners, Raised Project maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.

INTELLECTUAL PROPERTY

All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Raised Project or its affiliates, related corporate entities or suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Raised Project enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Raised Project LLC, Law Department, 330 W. 34th St., New York, NY 10001.

WARRANTY DISCLAIMER

The Services and the materials and products linked to on the Services are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Raised Project disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Raised Project does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Raised Project does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Raised Project) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Raised Project be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services, even if Raised Project or authorized representatives of Raised Project have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Raised Project’s total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.

INDEMNIFICATION

As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Raised Project, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Services, including any claims alleging facts that if true would constitute a violation of these terms.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

OTHER

These terms shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Raised Project’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.