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Terms Of Use

Introduction

Welcome to the Barefoot Dreams® Web Site. Please review these Terms of Use. By accessing our Site, you agree to be bound by them and to use this Site and its contents according to the terms and conditions displayed in them. You also agree to be bound by the Privacy Policy displayed on this Site. Personal information you submit to us will be handled according to that Policy.

You may contact us or we may contact you by email, through social media or by other means now in use or developed in the future. To the extent these Terms of Use can be applied to those means of communication, you agree to be bound by them.

Contact Us

This Site is owned and operated by Barefoot Dreams®, Inc. If you have an online account with us, you may log into your account and update your personal information. If you have any questions about our practices or your experiences with our site, please send an email to Barefoot Dreams, Inc. Customer Care or call us at 1-855-CO-Z-CHIC (1-855-269-2442).

Updates and Errors

We may update or change this Site or its content from time-to-time without prior notification to you, and you agree to be bound by the changes we make.

We strive to be as accurate as possible, but we do not guarantee that any product, description, image, pricing or other information on the Site is accurate or reliable. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct the error and revise your order accordingly if necessary (including charging the correct price) or to cancel your order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Availability of products, Services, Features and Content

All Features, Content, and products and services available on or through the website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content products or service in this web site at a particular time does not imply or warrant that these products or service will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from the www.barefootdreams.com site. By placing and order, you represent that the products ordered will be used only in a lawful manner.

Limits on Purchases

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Barefoot Dreams merchandise, including, but not limited to, all purchases made at our sample sales, warehouse sales and through www.barefootdreams.com.

Monitoring This Site

This Site may be used according to these Terms of Use and for lawful purposes. We have the right, but not the obligation, to monitor this Site. If you inform us or we otherwise become aware of any content that does not comply with these Terms of Use, we may investigate the matter and determine, in our sole discretion, whether to take action regarding the non-compliance, but we bear no liability for taking or not taking action.

As operators of this Site, we reserve the right in our sole discretion, without notice and without consent from you or other users, to refuse service or terminate an account for any reason, and to remove, edit or refuse to post content that we deem objectionable. We are not responsible for storing copies of submissions, and you should retain copies of any content you wish to retain.

We do not endorse opinions you or others may express.

You acknowledge we have no control over third party use or misuse of content that you or others post on this Site. By accessing or otherwise using this Site, you fully and unconditionally release Barefoot Dreams®, Inc., our affiliates, officers, employees, agents and licensees from claims or damages in any way connected to (i) use or misuse of this Site or content on this Site by you and others, including other users, or (ii) disputes you may have with others, including other users, that are in any way related to this Site.

Intellectual Property

All content on this Site, and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. This content, including, but not limited to, photographs of people and places, other images, illustrations, text, video clips, audio clips, designs, logos, trademarks and trade dress, as well as software used in the design and development of this Site, is owned by Barefoot Dreams®, Inc. or its affiliates, or used with permission of its owners. All rights in the content are reserved, worldwide. We reserve the right to enforce our property rights to the fullest extent of the law.

The names and marks Barefoot Dreams®, Barefoot Dreams® CozyChic®, Barefoot Dreams® CozyChic Lite®, Barefoot Dreams BambooChic®, Covered In Prayer®, and other Barefoot Dreams-related marks depicted on this Site, whether registered or unregistered, are trademarks or service marks of Barefoot Dreams®, Inc. in the United States and, as applicable, other countries. Nothing on this Site should be construed to grant any express or implied license or right to use any trademark or service mark displayed on this Site.

Your Use of this Site

The content on this Site is displayed for informational and promotional purposes only. You are authorized to use this Site and its content, including, but not limited to, the viewing of images and, to the extent it constitutes fair use, printing such images, solely for personal non-commercial use. Except for such use, neither you nor anyone authorized by you may reproduce, publish, transmit, distribute, display, remove, delete, translate, add to, modify, create derivative works from, sell or participate in any sale of, this Site, any content on this Site (including both text and images), or any related software. Any use of this Site or its content other than for personal non-commercial purposes without the prior express written permission of Barefoot Dreams, Inc. is strictly prohibited.

You may not breach or attempt to breach the security features of this Site, including, but not limited to, accessing information or an account you are not authorized to access, testing the vulnerability of this Site, submitting any form of malicious software, or interfering with operation of or service to any user of this Site. You may not provide a false name or other identifying information, or submit or post misleading, fraudulent, defamatory, obscene, offensive, threatening or otherwise inappropriate content on the Site or in the name of Barefoot Dreams® or its affiliates. Commercial, political and personal solicitations are not allowed, and you may not use this Site or any communication with us to violate the intellectual property, privacy or other lawful rights of another. You may use this Site only with the assistance of a parent or guardian if you are under 18.

Content You Submit

You are responsible for content you submit to us or post on this Site or on our blog, social media accounts or any other means we provide for sharing content with us. By submitting or posting such content, you represent and warrant to us that (i) except as otherwise stated in our Privacy Policy, the content is non-confidential and non-proprietary, (ii) the content does not contain false or misleading information, (iii) you have all rights to use and to grant us the right and license to use the content, including, but not limited to, publicity rights, (iv) you have consent from any individuals that may appear in the content to use and to grant us the right, and license, to use their name, image, likeness and other submitted content without payment to you, them or any third party, and (v) use of any content you submit will not violate these Terms of Use or cause damage to any person or entity.

You agree that we may reproduce, disclose and use content you submit to us or post on this Site. You grant us and our affiliates a perpetual, irrevocable, nonexclusive, royalty-free and sub-licensable right to reproduce, publish, transmit, distribute, display, translate, market, add to, modify, create derivative works from or otherwise exploit all or part of content you submit to us or post on this Site, as well as any information associated with such content. This right includes but is not limited to publicity rights and use of images and likenesses of people. You agree we may exercise this right through any channel, including, but not limited to, social media, that is now in use or that may be developed in the future, with or without attribution and with or without notification to you or others. You also agree we may exercise this right for any commercial or non-commercial purpose, including, but not limited to, promotion of sales, development of products, marketing to you and others, and advertising. Neither you nor others will have a right to inspect or control our use of content you submit to us or post on this Site or to receive royalties or any other payment for our use, in any manner, of the rights granted to us in this paragraph.

You also fully and unconditionally release Barefoot Dreams®, Inc., our affiliates, officers, employees, agents and licensees, from claims that use of content you submit or post violates any of your intellectual property rights, including, but not limited to, rights of publicity, moral rights or rights of attribution or integrity.

Disclaimer

WE MAKE THIS SITE AND ITS CONTENTS AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT WILL BE ACCURATE OR RELIABLE, THAT IT WILL REMAIN UNCHANGED, THAT ERRORS WILL BE CORRECTED, THAT THE SERVERS USED FOR THIS SITE ARE FREE OF HARMFUL COMPONENTS, OR THAT OPERATION OF THIS SITE WILL BE UNITERRUPTED. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING SITES LINKED TO THIS SITE. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, WE ARE NOT RESPONSIBLE FOR DAMAGES OR COSTS OF ANY KIND RELATING TO YOUR USE OF THIS SITE OR SITES LINKED TO THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, AND YOU ASSUME THE RISK OF ALL DAMAGES AND COSTS ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THIS SITE.

Indemnity

You agree to identify us, including our affiliates, officers, employees, agents and licensees, and to hold us harmless from any and all claims, causes of action, and damages or costs, whether suffered by you or others, arising from or in connection with your use of or inability to use this Site or its content, including, but not limited to, breach of your representations to us, any attempt to breach or actual breach of security features of this Site, and any violation of law or the rights of others.

Governing law

These Terms of Use shall be governed by and construed according to the laws of the State of California, without reference to its rules regarding conflict of laws. You consent to the exclusive jurisdiction and venue of the state and federal courts situated in Los Angeles County, California.