Agreement between User and Footprint Management Solutions LLC Welcome to Footprint Management Solutions LLC. The Footprint Management Solutions LLC website (the "Site") is comprised of various web pages operated by Footprint Management Solutions LLC ("FootprintMS LLC"). Footprint Management Solutions LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Footprint Management Solutions LLC constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Footprint Management Solutions LLC is an E-Commerce Site.
Informational profile for the services we offer. Potential customers can learn of our brand, the products we use and the services we offer. Customers will be able to contact us for service.
Visiting Footprint Management Solutions LLC or sending emails to FootprintMS LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
FootprintMS LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Footprint Management Solutions LLC only with permission of a parent or guardian.
We strive to maintain long-term relationships, but we understand there may be certain circumstances where that is not possible. In that case, a customer may elect to cancel their contract with 30 days’ written notice for any cause and without penalty.
Links to Third Party Sites/Third Party Services
Footprint Management Solutions LLC may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FootprintMS LLC and FootprintMS LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FootprintMS LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by
FootprintMS LLC of the site or any association with its operators.
Certain services made available via Footprint Management Solutions LLC are delivered by third party sites and organizations. By using any product, service or functionality originating from the Footprint Management Solutions LLC domain, you hereby acknowledge and consent that FootprintMS LLC may share such information and data with any third party with whom FootprintMS LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Footprint Management Solutions LLC users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FootprintMS LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FootprintMS LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FootprintMS LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FootprintMS LLC or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your FootprintMS LLC account to third party accounts. By connecting your FootprintMS LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by FootprintMS LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the FootprintMS LLC Content accessed through Footprint Management Solutions LLC in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FootprintMS LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FootprintMS LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FootprintMS LLC in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FootprintMS LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FOOTPRINT MANAGEMENT SOLUTIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FOOTPRINT MANAGEMENT SOLUTIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FOOTPRINT MANAGEMENT SOLUTIONS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FootprintMS LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FootprintMS LLC as a result of this agreement or use of the Site. FootprintMS LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FootprintMS LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FootprintMS LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FootprintMS LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and
FootprintMS LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
FootprintMS LLC reserves the right, in its sole discretion, to change the Terms under which Footprint Management Solutions LLC is offered. The most current version of the Terms will supersede all previous versions. FootprintMS LLC encourages you to periodically review the Terms to stay informed of our updates.
FootprintMS LLC welcomes your questions or comments regarding the Terms here.
Collection of your Personal Information
In order to better provide you with products and services offered, FootprintMS LLC may collect personally identifiable information, such as your:
- First and Last Name
- E-mail Address
- Phone Number
If you purchase FootprintMS LLC's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
FootprintMS LLC collects and uses your personal information to operate and deliver the services you have requested.
FootprintMS LLC may also use your personally identifiable information to inform you of other products or services available from FootprintMS LLC and its affiliates.
Sharing Information with Third Parties
FootprintMS LLC does not sell, rent or lease its customer lists to third parties.
FootprintMS LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to FootprintMS LLC, and they are required to maintain the confidentiality of your information.
FootprintMS LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FootprintMS LLC or the site; (b) protect and defend the rights or property of FootprintMS LLC; and/or (c) act under exigent circumstances to protect the personal safety of users of FootprintMS LLC, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by FootprintMS LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the FootprintMS LLC website.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
FootprintMS LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, FootprintMS LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
Changes to this Statement
FootprintMS LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that FootprintMS LLC has not adhered to this Statement, please contact FootprintMS LLC at:
Footprint Management Solutions LLC
6300 Creedmoor Rd 175-195
Raleigh, North Carolina 27615
Effective as of September 13, 2022