Terms Of Service
IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF HEELYS.COM, THE HOME PAGE OF WHICH IS AT HEELYS.COM (THIS "WEBSITE"). YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Copyright Notice and use of Website.
The design of this website and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from this website are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this website are © 2024, BBC International LLC. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, BBC International LLC. reserves the right to seek all remedies available by law and in equity. BBC International LLC. reserves the right to block or deny access to the website to anyone at any time for any reason.
Trademarks. BBC International LLC. ("Heelys" or "we") retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Heelys are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the heelys.com website. Your misuse of the trademarks displayed on the heelys.com website is strictly prohibited. You are also advised that Heelys will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Products, Content and Specifications.
All features, content, specifications, products and prices of products and services described or depicted on this website, are subject to change at any time without notice. Heelys makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time.
Special Notice on Search Engine Optimization:
Heelys and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any heelys.com Web page is prohibited absent express written permission from BBC International LLC. Framing, inline linking or other association of the heelys.com website or its or its suppliers' software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the heelys.com website is expressly prohibited.
Third Party Links.
Periodically, links may be established from this website to one or more external websites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the heelys.com website. None of these links should be deemed to imply that Heelys endorses the Third Party Sites or any content therein. Heelys does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Heelys will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
User Information.
Other than personally identifiable information, which is subject to this website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. If you are accessing and using this website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person's wrongful use of the website.
The Heelys.com Site, do not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent. If Heelys learns that a child under the age of 13 has submitted personally identifiable information online without parental consent, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any personally identifiable information we have collected from children under 13, please contact us at custserv@heelys.com or by calling 1-866-433-5464.
User Conduct.
You shall NOT do any of the following: (a) attempt to modify or "hack" this website; (b) access any area on the website which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of the website; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of the website; and (f) jeopardize the operation of computer systems owned by BBC International LLC. or any of its affiliates or the reputation of BBC International LLC or any of its affiliates.
Heelys does not currently ship internationally from the US warehouse.
Refusal of Shipments.
UPS will attempt to deliver your shoes up to 3 times before sending back to Heelys. In the event that a shipment is routed back to Heelys, we will attempt to send your shipment one more time before cancelling the order.
Returns.
We accept returns on our products under two conditions:
- Heelys Error – should you receive product different from what you ordered, Heelys will pay for shipment on shoes back to its warehousing facilities, as well as for shipment on the correct product back to you.
- Customer Dissatisfaction – You may return new items still in their original condition within 30 days of delivery. Customer is responsible for all shipping charges to return shoes to Heelys.
All returns must be done through our self serve Heelys Returns Site link: Heelys_Returns. Heelys is not responsible for any shoes returned without being assigned a return authorization and shipping label by our Self Service Returns Site.
All shipments must be sent back with the label that is assigned to the return via the Self Service Returns site. Heelys is not responsible for lost, stolen or damaged goods.
Promotions, Offers and Discounts.
From time to time Heelys.com will have special promotions or offers. These deals will be offered for a defined period of time specified in the offer notice. In all cases previous sales are excluded. Offers are limited to in stock merchandise only. Any merchandise purchased during a promotional period may be returned or exchanged at the discounted rate only. There are no rainchecks. If you have questions regarding any offer please contact us.
Limited Warranty.
Shoes sold through the Heelys Shop are warranted against defects in materials and workmanship for 90 days from the date of receipt. Manufacturer’s defects will be determined by Heelys. Valid claims will receive a full refund. Improper fit is not valid criteria for warranty. Warranty is valid only with proof of purchase from the Heelys Shop online store. Misuse, abuse or alteration of product voids warranty. This warranty does not apply to shoes sold outside of this limited online promotion. Heelys will not issue replacement product or credit for returned shoes that have experienced excessive wear or any type of abuse or mistreatments.
Availability Of Products, Services, Features And Content.
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Heelys’ review and approval. If Heelys chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
LIMITATIONS OF LIABILITY.
Heelys does not assume any responsibility, or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. IN NO EVENT WILL HEELYS, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Miscellaneous.
Use of the Site is limited to persons over the age of 18. This Site is created, owned and operated by Heelys, with its principal place of business in the State of Florida. As such, this Legal Statement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Legal Statement shall be filed only in the state or federal courts located in Palm Beach County, Florida, and you hereby submit to the personal jurisdiction of such courts. Any provision of this Legal Statement that is determined for any reason to be unlawful, invalid, void, or for any reason unenforceable, shall not affect any other portion of this Legal Statement. Heelys reserves the right to make changes to the Site and to this Legal Statement at any time by posting such changes to this page and without notice to you. Your continued use of the Site following the posting of such changes shall be deemed your acceptance of such changes. This is the entire agreement between us relating to the subject matter herein.
Heelys reserves the right to add, delete or limit users to the Site. Heelys policy does not allow the sharing of login information. If you do not adhere to this policy, Heelys maintains the right to delete your user profile.
Revisions to these Site Use Terms and Conditions.
These Site Use Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Site Use Terms and Conditions because they are binding on you. Certain provisions of these Site Use Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. Your continued use of this website after any changes to these terms and conditions are posted will be considered acceptance of those changes.
ADDITIONAL PROVISIONS IF APPLICABLE:
SUBMISSIONS OF USER CONTENT
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Heelys or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, X, Twitter, Facebook, TikTok and Pinterest, that are associated with hashtags related to Heelys, including, for example, #Heelys, #myHeelys, and #offthewall. Such Submissions may be used on the Website and/or on other Heelys products and/or marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Heelys to be used, it may be displayed for other users to see, together with your name and associated social media modifier (if applicable) profile information (such as your handle and profile picture). Heelys is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Heelys, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, social media handle or ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, and Pinterest's Terms of Use.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead Heelys as to the origin of any Submission. You agree to indemnify Heelys, our vendors, including Olapic, Inc., and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., TikTok Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, social media handle, or ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Heelys without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Heelys reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Heelys is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Heelys, including its licensors and/or vendors, and Heelys does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Heelys has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
FEEDBACK
Any questions, comments, suggestions, or other information about Heelys products or services submitted to Heelys through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Heelys shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Heelys specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Heelys will not have any obligation or liability to you arising from Heelys’ and/or any third party’s receipt or use of such information or material.
FEEDBACK AND USER CONTENT
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Heelys does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Heelys expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will Heelys be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Heelys does not pre-screen or approve Feedback and User Content, but that Heelys shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Heelys expressly disclaims any liability for such organizations, events or individuals.
USER CONDUCT
You agree not to transmit to Heelys any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Heelys employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Heelys users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Heelys computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
Heelys may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Heelys may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.
HEELYS SMS PROGRAM - USA ONLY
Please read these terms and conditions carefully before subscribing to the Heelys mobile alerts program.
By subscribing to receive text messages from Heelys, you agree to abide by our Terms of Use, our Privacy Policy, and any other applicable terms and agreements related to your use of Heelys services.
THESE TERMS AND CONDITIONS ARE SUBJECT TO AN ARBITRATION CLAUSE, WHICH AFFECTS HOW DISPUTES ARE RESOLVED.
By subscribing to these mobile alert programs, you agree to receive text message offers and alerts from Heelys. These messages will be sent to your mobile telephone using automated dialing technology. You do not need to consent to receive mobile messages as a condition of making a purchase.
If at any time you wish to opt-out of future mobile (text) messages from Heelys, you may do so by texting STOP. You may also opt-out of any of these programs by calling customer service at 1-866-433-5464.
Text message charges or other charges may be charged by your mobile carrier for these offers and alerts. Message and data rates may apply, so be sure to check your carrier agreement for details. Message frequency may vary. Wireless operators and Heelys do not guarantee message delivery and will not be held liable for delayed or undelivered messages. Text messaging may not be available for all service providers or devices. The carriers supported by this program are: AT&T, Sprint, T-Mobile, Cellular One/Dobson, Virgin, Verizon Wireless, and Boost. Heelys makes no guarantee that any mobile carrier will participate. Carriers are not liable for delayed or undelivered messages. Heelys does not impose a separate fee for sending Heelys text messages. Heelys may add or delete carriers at any time, without notice.
Heelys reserves the right, at its sole discretion, to modify, alter or otherwise update these terms and conditions at any time. Said revision, modification, or amendment shall not apply retroactively and will not be effective until seven (7) days after we provide notice. If you do not agree to the revision, modification, or amendment, you must opt-out of Heelys text messages within the 7-day notice period. If you do not opt-out, you will be deemed to have accepted the revision, modification, or amendment.
Heelys retains the right to cease sending text messages to anyone for any reason, including for violation of any of these terms and conditions.
When you provide Heelys information in connection with the mobile alerts program, you agree to provide current, complete, true and accurate information. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Heelys immediately if you change your mobile telephone number. You may notify Heelys of a number change by via the Contact Us page on its website.
You agree to indemnify Heelys in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Heelys if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act and state telemarketing laws. You are solely responsible for all content that you transmit in connection with the mobile alerts program and are responsible for abuse of your account by others. Heelys respects your right to privacy. You can view our complete Privacy Policy page.
To receive Heelys text messages, you must be a resident of the United States and 18 years of age or older. Heelys reserves the right to require you to prove that you are at least 18 years of age.
Communications and Consent to Electronic Notices.
You may communicate with Heelys via postal mail, telephone, and our website. Heelys may issue notices via various channels, including by sending email to an address you provide. You agree that such notices shall have legal effect.
You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use Heelys products or services.
Your consent to receive electronic communications applies to this transaction and any future transaction which may arise out of this transaction. You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, Heelys will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above. If you withdraw your consent, Heelys reserves the right to terminate your use of Heelys products or services.
To receive, access, and retain the notices that Heelys sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that Heelys may send. You may update your contact information via the Contact Us page on the Heelys website.