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 © 2023, 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.
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 email@example.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.
Shipping Eligibility. 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, 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.
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.
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.
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.
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.