Terms of Use – Heydudp

These Terms of Use (“Terms”) govern your access to and use of Heydudp (the “Website”), including all content, features, and services offered on or through the Website (e.g., browsing footwear like sneakers/boots/loafers, creating a user account, using the “Fit Finder” tool, placing orders, or accessing customer support). By accessing or using the Website, you agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and Refund Policy (all available on the Website). If you do not agree to these Terms, you may not access or use the Website.

1. Eligibility

To use the Website, you must meet the following requirements:

Be at least 13 years of age. If you are between 13 and 17 years old, you must obtain the consent of a parent or legal guardian to use the Website, and your parent/guardian must agree to these Terms on your behalf.
Have the legal capacity to enter into a binding contract (or have a parent/guardian act on your behalf if you lack such capacity).
Comply with all applicable local, state, federal, and international laws, regulations, and these Terms.
Not be prohibited from accessing the Website by any court order, legal restriction, or prior violation of our policies (e.g., past fraudulent activity related to shoe purchases).

If you use the Website on behalf of a business, organization, or other entity (e.g., a retail store purchasing bulk footwear, a team ordering uniform sneakers), you represent that you have the authority to bind that entity to these Terms, and “you” shall refer to both you and the entity.

2. User Accounts

2.1 Account Creation & Maintenance

To access certain features of the Website (e.g., saving shoe size preferences for personalized recommendations, storing shipping addresses for faster checkout, tracking past orders of hiking boots or work loafers), you may create a user account. When creating an account, you must provide accurate, complete, and up-to-date information—including your full name, valid email address, and a secure password.
You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. This includes preventing unauthorized access by third parties (e.g., not sharing your password with others, logging out after using public devices to browse shoe styles).
If you suspect any unauthorized access to or use of your account (e.g., unknown orders for footwear, changes to your saved shoe size or shipping address), you must notify Heydudp immediately at [email protected]. We will assist you in securing your account (e.g., resetting your password, canceling unauthorized orders) as soon as possible.
We reserve the right to suspend or terminate your account at our discretion if:
You provide false, incomplete, or outdated information (e.g., a fake email address, incorrect billing details for a pair of premium leather boots).
You violate these Terms, our Privacy Policy, or any other applicable policy (e.g., misusing coupons for discounted sneakers, sharing account access with others).
Your account is inactive for a continuous period of 12 months (we will notify you via email at least 30 days before termination to allow you to reactivate it).

2.2 Account Responsibilities

You may not share your account credentials with any third party or allow others to use your account (e.g., letting a friend use your account to purchase a pair of limited-edition sneakers at a promotional price).
You agree to use your account only for legitimate purposes related to footwear shopping and engagement—including:
Browsing, researching, and purchasing shoes (e.g., waterproof hiking boots, casual canvas sneakers, formal heels).
Using the “Fit Finder” tool to get personalized shoe recommendations based on your foot shape, size, and usage needs (e.g., “flat feet,” “daily commute”).
Contacting customer support for assistance with product questions (e.g., “Do these loafers run wide?”) or order issues (e.g., delayed delivery of work shoes).
You may not use your account for fraudulent, illegal, or unauthorized activities—such as:
Placing orders with stolen payment methods or fake billing information.
Creating multiple accounts to exploit promotions (e.g., using a single “first-order discount” across multiple accounts).
Accessing or modifying other users’ accounts without permission, or interfering with the Website’s functionality.

3. Permitted & Prohibited Uses of the Website

3.1 Permitted Uses

You may use the Website only for the following lawful, non-commercial purposes (unless explicitly authorized for commercial use, e.g., bulk orders by businesses):

Browsing, searching, and learning about footwear—including reading product descriptions (e.g., material details for vegan sneakers), checking size charts (e.g., wide-width shoe measurements), and reviewing user feedback (e.g., “How do these boots hold up in snow?”).
Creating and managing a user account to access personalized features (e.g., saving favorite styles like slip-on loafers, tracking order history for family shoe purchases).
Using interactive tools like the “Fit Finder” or “Style Builder” to explore shoe options tailored to your needs (e.g., building a work shoe wardrobe, finding hiking boots for wide feet).
Placing orders for footwear in accordance with our Terms of Purchase.
Contacting customer support for assistance with product questions, returns (e.g., a pair of shoes that don’t fit), or post-purchase issues (e.g., broken shoelaces).
Accessing and using non-commercial content from the Website (e.g., sharing a blog post about “shoe care for leather boots” on social media, saving a product image of sneakers for personal reference)—provided you do not modify the content and include a link back to the Website.

3.2 Prohibited Uses

You may not use the Website for any of the following activities. We reserve the right to take legal action against you (and suspend/terminate your account) if you violate these restrictions:

Illegal or Fraudulent Activity: Violating any law or regulation—including but not limited to:
Fraudulently purchasing footwear (e.g., using stolen credit cards, claiming false returns for used shoes).
Selling or distributing counterfeit Heydudp products (e.g., copying our “waterproof hiking boot” design for unauthorized sales).
Misrepresenting your identity or purpose (e.g., posing as a Heydudp representative to obtain user information or product samples).
Unauthorized Access or Interference: Attempting to access, modify, or disable any part of the Website—including:
Hacking, scraping, or using automated tools (e.g., bots) to collect product data (e.g., shoe pricing, size charts, customer reviews) without our prior written permission.
Overloading servers with excessive requests (e.g., repeatedly refreshing a product page during a limited-edition sneaker launch) to disrupt Website functionality.
Interfering with order processing systems (e.g., manipulating checkout to avoid paying for shoes, creating fake orders to test inventory).
Misuse of Content: Copying, reproducing, distributing, modifying, or creating derivative works of any content on the Website—including:
Product images (e.g., using a photo of our leather loafers to promote another brand’s footwear).
Technical content (e.g., republishing our “how to measure your foot” guide on another website).
Logos, trademarks, or brand names (e.g., using the “Heydudp” logo without permission to market shoe repair services).

This does not apply to non-commercial, personal use as permitted in Section 3.1.

Harmful or Inappropriate Content: Posting, transmitting, or sharing content that is defamatory, harassing, threatening, obscene, discriminatory, or harmful—including:
False reviews of footwear (e.g., lying about a pair of sneakers causing injury to harm our brand).
Hate speech related to shoe preferences, foot size, or personal characteristics (e.g., mocking users with wide feet).
Malicious software (e.g., viruses, malware) that could damage the Website or users’ devices (e.g., infecting a shoe review page with a virus).
Exploitation of Promotions: Manipulating promotions, discounts, or coupon codes to gain unfair advantages—such as:
Using expired coupons for discounted footwear.
Combining incompatible promotions (e.g., using a “20% off all shoes” coupon with a “buy one, get one free” offer if explicitly prohibited).
Creating fake accounts to claim the same promotion multiple times (e.g., a “free shoe insert with first order” offer).

4. Intellectual Property

All content on the Website—including but not limited to logos, trademarks, product images (of sneakers, boots, loafers, etc.), size charts, product descriptions, blog posts, videos, software, and interactive tools like the “Fit Finder”—is the intellectual property of Heydudp or our licensors. The “Heydudp” name and logo are registered trademarks of Heydudp, and all other trademarks displayed on the Website (e.g., “Vegan Certified” badges, “Waterproof Tested” logos) are the property of their respective owners.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website’s intellectual property solely for your personal, non-commercial use of the Website (e.g., viewing a shoe’s product image to decide on a purchase, reading a size chart to find your fit). This license does not allow you to:
Sell, rent, sublicense, or distribute any intellectual property from the Website (e.g., reselling our shoe size charts to a competing brand).
Use the Website’s intellectual property for commercial purposes (e.g., using Heydudp’s product photos to market your own shoe store).
Alter, modify, or create derivative works of any intellectual property (e.g., editing a sneaker image to make it appear more durable than it is).
Remove or obscure any copyright, trademark, or other proprietary notices from the Website’s content.
Any unauthorized use of the Website’s intellectual property may violate copyright laws, trademark laws, and these Terms—and may result in legal liability (e.g., fines, damages) or account termination.

5. Third-Party Links & Content

The Website may contain links to third-party websites, services, or content—including but not limited to:

Social media platforms (e.g., Instagram, Facebook) where we share shoe styling tips, product launches, or user photos of Heydudp footwear.
Payment processors (e.g., Stripe, PayPal) used to process purchases of sneakers, boots, or other shoes.
Third-party resources (e.g., shoe care blogs, foot health websites, or shipping carriers’ tracking pages).

These links are provided for your convenience only. Heydudp does not endorse, control, or assume responsibility for any third-party content, products, or services. This includes:

The accuracy, legality, or safety of third-party websites (e.g., a shoe care blog with incorrect information about cleaning suede).
The privacy practices of third parties (e.g., a social media platform’s data collection policies for users sharing shoe photos).
Any transactions or interactions you have with third parties (e.g., purchasing shoe polish from a linked third-party store).

You access third-party links at your own risk. We recommend reviewing the terms of use and privacy policies of any third-party website before using it. These Terms do not apply to third-party websites or content.

6. Disclaimer of Warranties

The Website and all content, features, and services offered on or through the Website are provided “as is” and “as available” without any warranties of any kind—either express or implied. To the maximum extent permitted by law, Heydudp disclaims all warranties, including but not limited to:

Warranties of Merchantability: The warranty that the Website or footwear will meet your expectations (e.g., a pair of hiking boots will be waterproof, a sneaker will fit as described). We strive to provide accurate product details, but individual results may vary based on foot shape, usage, and care.
Warranties of Fitness for a Particular Purpose: The warranty that the Website or its features will be suitable for your specific needs (e.g., the “Fit Finder” tool will recommend the perfect shoe for your flat feet).
Warranties of Non-Infringement: The warranty that the Website or its content will not infringe on the intellectual property rights of third parties.
Warranties of Availability or Error-Free Use: The warranty that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Technical issues (e.g., server downtime during a shoe sale, slow loading of product images) may occur, and we are not liable for any disruption to your use of the Website.

Your use of the Website is at your sole risk. If you are dissatisfied with the Website, its content, or any footwear purchased through the Website, your sole remedy is to stop using the Website or return the product in accordance with our Refund Policy.

7. Limitation of Liability

To the maximum extent permitted by law, Heydudp shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to or use of the Website (or inability to access or use the Website), including but not limited to:

Damages from lost profits or business opportunities (e.g., a retail store losing revenue due to delayed delivery of bulk sneakers).
Damages from unauthorized access to or use of your account (e.g., fraudulent orders for high-value leather boots placed under your name).
Damages from errors, omissions, or inaccuracies in Website content (e.g., purchasing a “wide-width” shoe that fits narrow due to a size chart error).
Damages from foot discomfort, injury, or property damage caused by footwear (unless the harm is due to a product defect or mislabeling, in which case liability is limited to the amount you paid for the shoe).
Damages from viruses, malware, or other harmful components obtained through the Website.

Our total liability to you for any claim related to these Terms or the Website shall not exceed the total amount you paid for footwear through the Website in the 12 months preceding the claim. This limitation applies regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory—and even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Heydudp, its affiliates, employees, officers, directors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your access to or use of the Website (e.g., a claim that you infringed a third party’s intellectual property by sharing a shoe product image).
Your violation of these Terms or any applicable law, regulation, or third-party right (e.g., a claim that you used a stolen credit card to purchase sneakers).
Your account activities (including unauthorized use by others, if you failed to secure your credentials—e.g., a claim for damages from an unauthorized order placed under your account).
Your submission of content to the Website (e.g., a defamation claim arising from a false review you posted about a pair of boots).

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you shall cooperate with us in defending the claim.

9. Changes to These Terms

Heydudp reserves the right to modify these Terms at any time. When we make changes, we will:

Post the updated Terms on the Website (Heydudp.com) with a new “Last Updated” date at the top.
Notify registered users via email (to the address associated with their account) if the changes are material (e.g., updates to prohibited uses, limitation of liability, or account termination rules).

Your continued access to or use of the Website after the changes take effect constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically (e.g., before purchasing a new pair of shoes for a special occasion) to stay informed of any changes.

10. Termination

We may terminate or suspend your access to the Website at our discretion, without notice, if you violate these Terms, engage in any prohibited activity, or pose a risk to Heydudp or other users (e.g., fraudulent behavior, harassment of customer support).
You may terminate these Terms at any time by discontinuing use of the Website and deleting your account (you can request account deletion by emailing [email protected]).
Upon termination, your right to access and use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination (e.g., Intellectual Property, Limitation of Liability, Indemnification) will remain in effect.

11. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of laws principles. Oregon’s legal framework aligns with consumer protection standards relevant to footwear sales, making it a fitting jurisdiction for our Terms.
Any dispute arising out of or related to these Terms or the Website (e.g., a disagreement about a refund for a defective shoe, account termination) shall first be resolved through good-faith negotiation. To initiate negotiation, contact us at [email protected] with details of the dispute—we will respond within 10 business days to begin discussions.
If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in Portland, Oregon, in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted by a single arbitrator with experience in consumer or retail disputes, and the decision of the arbitrator shall be final and binding on both parties.
You waive any right to a jury trial or class action lawsuit related to any dispute arising out of these Terms or the Website.