Nfinity^® Legal Disclaimer

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.
By accessing or using this website, mobile application or other Nfinity(r) product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Nfinity(r). Nfinity(r) may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

GENERAL PROVISIONS
These Terms and Conditions of Use and any additional terms posted on the Platform together constitute the entire agreement agreement between Nfinity(r) and you with respect to your use of the Platform. Any alleged claim or cause of action you may have with respect to your use of the Platform must be commenced within one (1) year after the alleged claim or cause of action arises.

PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Nfinity(r) is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

DESCRIPTIONS OF PRODUCTS
Nfinity(r) attempts to provide accurate descriptions of all products displayed on the Platform. However, we do not warrant that the product descriptions are complete or error-free.

DISCLAIMER
NFINITY(r), ITS SUBSIDIARIES, AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "NFINITY(r) PARTIES") DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE PLATFORM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE NFINITY(r) PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NFINITY(r) PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NFINITY(r) PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE PLATFORM, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE NFINITY(r) PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE NFINITY(r) PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.

LIMITATION OF LIABILITY
THE NFINITY(r) PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A NFINITY(r) EVENT OR ANY USER GENERATED CONTENT, EVEN IF THE NFINITY(r) PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST THE NFINITY(r) PARTIES FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF THE NFINITY(r) PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, THE NFINITY(r) PARTIES' LIABILITY SHALL NOT EXCEED US0.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Nfinity(r) Parties from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to any use by you of the Platform, your provision or use of any User Generated Content, any breach by you of these Terms and Conditions or any claim that you have violated a user's privacy rights by posting, collecting or using content about other users of the Platform.

INDEPENDENT REVIEW
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED PLATFORM SCREENS REFERENCED AND INCORPORATED IN THE AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

MISCELLANEOUS
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement shall be governed by the laws of the State of Georgia, without reference to its conflicts of law rules. Any court of competent jurisdiction sitting within Fulton County, Georgia will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Platform or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Nfinity^® or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Nfinity^® may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to Nfinity^® or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

(Add under this section) Return Policy: All defect or size exchanges must go through your original place of purchase. Nfinity^® guarantees all products for defects within 30 days of customer receipt. Defective covers obvious mistakes in the process of manufacture. It does not mean worn out, wearing out, or dirty. Some separation of the leather from the rubber is natural wear and tear. Loose strings around the base are a sign of normal wear and tear. Issues of durability are not defects. Issues of excessive wear are not defects. For older versions of the Evolution, toe logos may separate from the shoe when exposed to liquid, including sweat, and is not considered defective under this policy. In addition, any alteration or machine wash of the shoe makes any warranty null and void. Shoe cases are a free gift, are not covered under this defect policy, and are not eligible for exchanges, unless purchased separately with proof of purchase.

Additional Return Information: Returns and exchanges are accepted within 30 days of receipt and are subject to a 20% restocking fee under the following guidelines:

• Original packing slip/receipt must be included with exchange.
• Items cannot be worn, machine-washed or altered in any way and are in their original packaging.
• Shoes do not show any wear and tear.

Nfinity^® will waive the restocking fee for 1 size exchange

We are not able to exchange shoes if:

• The items have been worn or used and/or are not defective
• The original packaging is marked or damaged
• The shoe box/case is used as shipping container, marked or taped in any way.

Return Procedures:

1.Complete the Exchange Form enclosed with your original packaging. Please be sure to include your credit card information for size or style exchanges to expedite the process.
2. Pack all items with a copy of your invoice and exchange form in a secure carton or reuse the original packaging.
3. Drop your package off with your desired mail carrier, using a track-able shipping method addressed to:

Nfinity Warehouse
Attn: Returns Department
1935 Delk Industrial Blvd. Suite F
Marietta, GA 30067

Please allow approximately two weeks to process your return.
Nfinity does not accept COD.
Nfinity is not responsible for customer returns that are not delivered to our warehouse.

Email questions to: warehouse@nfinity.com