These Legal Terms and Conditions form an Agreement (the “Agreement”) which are legally binding terms for your use of Website and purchasing goods. By using our Website, you agree to be bound by this Agreement and all applicable laws and regulations with regard to your use of the Website. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS WEBSITE.

AVEX, LLC is the Owner of this Website and the owner of FOOTBEAT, including all patents and trademarks relating to the Footbeat active recovery system.

PRIOR TO PURCHASING FOOTBEAT, YOU ARE ADVISED TO READ THE INFORMATION ON WHO SHOULD NOT USE FOOTBEAT IN THE SUPPORT SECTION OF THIS WEBSITE UNDER WHEN NOT TO USE FOOTBEAT. THIS INFORMATION RELATES TO THE CONTRAINDICATIONS, WHICH ARE ALSO DESCRIBED IN OUR IFU (INSTRUCTIONS FOR USE MANUAL). AVEX, LLC WILL NOT BE RESPONSIBLE FOR VERIFYING WHETHER A PURCHASER OF FOOTBEAT HAS ANY OF THE CONDITIONS, WHICH WOULD PREVENT THEM FROM USING FOOTBEAT. IT IS THE RESPONSIBILITY OF THE PURCHASER TO UNDERSTAND WHETHER THEY, OR THE PERSON FOR WHOM THEY HAVE PURCHASED, SHOULD NOT USE FOOTBEAT.

PRIVACY We will collect information on users of this Website, including name, address, phone number, email addresses and products purchased. We will not intentionally share that specific information with third parties, unless required by a court of law, and then only to the extent required. We may use your information to contact you about new products in which you may be interested. If we do so you will have the opportunity to opt out of future notifications. If we later determine to change our policies regarding privacy we shall post the changes and the effective date of the changes on this Website.

TERMS OF USE AVEX, LLC reserves the right to modify this the content of this website at any time. AVEX may modify this Agreement from time to time, and such modification will be effective upon its posting on our Website or any other website or location through which you are able to access our Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly. All content of this Website including the text and images are copyrighted and shall not be used by any other party without the express written consent of AVEX.

TERMS AND CONDITIONS OF SALE

1. PRICING ERRORS AND PAYMENT In the event there is an error on our site and the price that you are charged is different than the price of a product and the error is in your favor we will refund the difference in the same manner in which you paid. In the event the error is not in your favor we shall contact you, prior to shipping the product, to verify you still want the product and authorize and pay for the differential. You will be notified if any product you order is not available for shipping and will be back ordered. Your credit card will be charged when you place your order. All products ordered on this Website must be paid for prior to us shipping the product. Payment shall include shipping and handling along with sales taxes where applicable . Presently Footbeat is only cleared for sale in the United States and its Territories. Any order with a shipping address outside of those areas will be cancelled.

2. DELIVERY We use UPS for delivery. You may order standard ground or overnight. All orders received will ship the next business day, unless there is a product on back order. In the event that some, but not all of your order is back ordered you will be contacted to inform us if you wish us to hold the entire order or pay the second shipping charge.

3. INSPECTION OF PRODUCT You are required to report any physical damage to the product as a result of shipping within two (2) business days of your receipt. In the event you fail to report such damage within such time you are assumed to have accepted the product in the condition it was received and the sale is final. In the event the product is damaged you should contact Customer Support and request a Return Authorization Number (RAN) which will have freight prepaid by us. You must return the product within five (5) business days of the report. We shall inspect the damaged product within five (5) business days of receipt. Upon verification that the product was damaged in shipping we shall within five (5) business days thereafter replace the product at no further cost to you. Replacement product shall be shipped UPS ground.

4. LIMITED WARRANTY Footbeat must be under warranty to quality for replacement.

30-DAY MONEY BACK GUARANTEE If you are not completely satisfied with Footbeat you may return the complete system (two insoles, remote, one pair of mocs, socks, charger and tote bag) in the original packaging, within 30 days of receipt of the product for a full refund (excluding return shipping).

HOW TO OBTAIN WARRANTY SERVICE To obtain warranty service please do one of the following: go to www.footbeat.com/support and following the instructions, contact Footbeat Support at 844-388-2839, or email our Footbeat Support at [email protected].

WARRANTY LIMITATIONS AND EXCLUSIONS THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVEX MAKES NO EXPRESS WARRANTIES BEYOND THOSE STATED HERE. AVEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES THEN THIS LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY IS ONLY EXTENDED TO THE ORIGINAL OWNER AND IS NOT TRANSFERABLE. ORIGINAL PROOF OF PURCHASE IS REQUIRED BEFORE A WARRANTY CLAIM MAY BE PROCESSED. WHEN AVEX PRODUCTS ARE PURCHASED FROM UNAUTHROIZED RESELLERS OR DISTRIBUTORS, THE PURCHASED PRODUCT SHOULD BE CONSIDERED AS IS AND WILL VOID THE WARRANTY.

LIMITATIONS OF LIABILITY AVEX’S RESPONSIBILITY UNDER THIS, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED IS LIMITED TO THE REPAIR OR REPLACEMENT, AS SET FORTH ABOVE. THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. AVEX IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY INCLUDING, BUT NOT LIMITED TO LOST PROFITS, DOWNTIME AND GOODWILL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

5. FORCE MAJEURE If either party is unable to perform within the time requirements set forth as a result of circumstances beyond their control including acts of God, including but not limited to: fire; flood, earthquake; tornados; hurricanes or acts of war or terrorism the time to act under this agreement shall be extended to the extent necessary to compensate for the force majeure.

6. GOVERNING LAW AND JURISDICTION Purchases under this Website shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website shall be brought only in the courts of the State of Colorado or the United States District Court for the District of Colorado.

7. INDEMNITY You agree to indemnify, defend, and hold harmless AVEX from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or relating to your breach of the terms of this Agreement or your use of the Website. AVEX will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

8. ENTIRE AGREEMENT This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and AVEX and governs your use of the Website, superseding any prior agreements between you and AVEX with respect to the Website.

9. WAIVER AND SEVERABILITY OF TERMS The failure of AVEX to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

10. LIMITATION ON ACTIONS You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.