Updated December 13, 2022

Overview

This website is operated by WRCKED. Throughout the site, the terms “we”, “us” and “our” refer

to WRCKED. WRCKED offers this website, including all information, tools and services

available from this site to you, the user, conditioned upon your acceptance of all terms,

conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and

agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including

those additional terms and conditions and policies referenced herein and/or available by

hyperlink. These Terms of Service apply to all users of the site, including without limitation users

who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By

accessing or using any part of the site, you agree to be bound by these Terms of Service. If you

do not agree to all the terms and conditions of this agreement, then you may not access the

website or use any services. If these Terms of Service are considered an offer, acceptance is

expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the

on this page. We reserve the right to update, change or replace any part of these Terms of

Service by posting updates and/or changes to our website. It is your responsibility to check this

page periodically for changes. Your continued use of or access to the website following the

posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in

your state or province of residence, or that you are the age of majority in your state or province

of residence and you have given us your consent to allow any of your minor dependents to use

this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of

the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your

Services.

Additionally, placing an order through our website is an agreement of our terms and conditions.

Who Is WRCKED

Who aren’t we?

Shipping Policy

Once your order is placed, we will ship as soon as possible.

There are no guaranteed delivery windows or ship-by dates.

We’ll do our best to update consumers if there are unforeseen delays.

Return Policy

For customers outside of the European Union, we do not accept returns. International

customers, including customers in the European Union, must pay for return shipping and any

applicable duties, unless an error occurs on our part.

Refund Policy

We do not offer refunds.

Cancellation Policy

We do not accept order cancellations.

Customer Support Window

After 60 days of purchase, we do not carry out customer service on products.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred

unencrypted and involve (a) transmissions over various networks; and (b) changes to conform

and adapt to technical requirements of connecting networks or devices. Credit card information

is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use

of the Service, or access to the Service or any contact on the website through which the service

is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or

otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or

current. The material on this site is provided for general information only and should not be

relied upon or used as the sole basis for making decisions without consulting primary, more

accurate, more complete or more timely sources of information. Any reliance on the material on

this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not

current and is provided for your reference only. We reserve the right to modify the contents of

this site at any time, but we have no obligation to update any information on our site. You agree

that it is your responsibility to monitor changes to our site.

Modifications to the Services and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content

thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension

or discontinuance of the Service.

Products or Services

Certain products or services may be available exclusively online through the website. These

products or services may have limited quantities and are subject to return or exchange only

according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our

products that appear at the store. We cannot guarantee that your computer monitor's display of

any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any

person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All

descriptions of products or product pricing are subject to change at any time without notice, at

the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer

for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material

purchased or obtained by you will meet your expectations, or that any errors in the Service will

be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit

or cancel quantities purchased per person, per household or per order. These restrictions may

include orders placed by or under the same customer account, the same credit card, and/or

orders that use the same billing and/or shipping address. In the event that we make a change to

or cancel an order, we may attempt to notify you by contacting the email and/or billing

address/phone number provided at the time the order was made. We reserve the right to limit or

prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or

distributors.

You agree to provide current, complete and accurate purchase and account information for all

purchases made at our store. You agree to promptly update your account and other information,

including your email address and credit card numbers and expiration dates, so that we can

complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any

control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available”

without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party

tools.

Any use by you of optional tools offered through the site is entirely at your own risk and

discretion and you should ensure that you are familiar with and approve of the terms on which

tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including,

the release of new tools and resources). Such new features and/or services shall also be

subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from

third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not

warrant and will not have any liability or responsibility for any third-party materials or websites,

or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services,

resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand

them before you engage in any transaction. Complaints, claims, concerns, or questions

regarding third-party products should be directed to the third-party.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without

a request from us you send creative ideas, suggestions, proposals, plans, or other materials,

whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that

we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise

use in any medium any comments that you forward to us. We are and shall be under no

obligation (1) to maintain any comments in confidence; (2) to pay compensation for any

comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our

sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene

or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright,

trademark, privacy, personality or other personal or proprietary right. You further agree that your

comments will not contain libelous or otherwise unlawful, abusive or obscene material, or

contain any computer virus or other malware that could in any way affect the operation of the

Service or any related website. You may not use a false e‐mail address, pretend to be someone

other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no

responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical

errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,

offers, product shipping charges, transit times and availability. We reserve the right to correct

any errors, inaccuracies or omissions, and to change or update information or cancel orders if

any information in the Service or on any related website is inaccurate at any time without prior

notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any

related website, including without limitation, pricing information, except as required by law. No

specified update or refresh date applied in the Service or on any related website, should be

taken to indicate that all information in the Service or on any related website has been modified

or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from

using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or

participate in any unlawful acts; (c) to violate any international, federal, provincial or state

regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual

property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,

defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,

religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading

information; (g) to upload or transmit viruses or any other type of malicious code that will or may

be used in any way that will affect the functionality or operation of the Service or of any related

website, other websites, or the Internet; (h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral

purpose; or (k) to interfere with or circumvent the security features of the Service or any related

website, other websites, or the Internet. We reserve the right to terminate your use of the

Service or any related website for violating any of the prohibited uses.

Digital Millennium Copyright Act

WRCKED respects the intellectual property rights of others. Upon proper notice, WRCKED will,

in its discretion, remove user generated content or other applicable content that violates

intellectual property rights under applicable law, suspend access to the service (or any portion

thereof) to any user who uses the service in violation of such law, and/or terminate the accounts

of repeat infringers. If you believe your work has been copied in a way that constitutes

intellectual property rights infringement, please send WRCKED's intellectual property agent

(listed below) a written notification of claimed infringement with all of the following information:

 ● identification of the intellectual property right (e.g., copyright, trademark, etc.) and the

work claimed to have been infringed, or, if multiple rights and works are covered by a

single notification, a representative list of such rights and works;

 ● identification of the claimed infringing material and information reasonably sufficient to

permit WRCKED to locate the material on the service;

 ● information reasonably sufficient to permit WRCKED to contact you, such as an

address, telephone number, and, if available, an email address;

 ● a statement by you that you have a good faith belief that the disputed use is not

authorized by the intellectual property rights owner, its agent, or the law;

 ● a statement by you, made under penalty of perjury, that the above information in your

notification is accurate and that you are the intellectual property rights owner or

authorized to act on the owner's behalf; and

 ● your physical or electronic signature.

Disclaimers of Warranties, Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted,

timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be

accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or

cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The

service and all products and services delivered to you through the service are (except as

expressly stated by us) provided 'as is' and 'as available' for your use, without any

representations, warranties or conditions of any kind, either express or implied, including all

implied warranties or conditions of merchantability, merchantable quality, fitness for a particular

purpose, durability, title, and non-infringement.

In no case shall WRCKED, our directors, officers, employees, affiliates, agents, contractors,

interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any

direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,

without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any

similar damages, whether based in contract, tort (including negligence), strict liability or

otherwise, arising from your use of any of the service or any products procured using the

service, or for any other claim related in any way to your use of the service or any product,

including, but not limited to, any errors or omissions in any content, or any loss or damage of

any kind incurred as a result of the use of the service or any content or product posted,

transmitted, purchased or otherwise made available via the service, even if advised of their

possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of

liability for consequential or incidental damages, in such states or jurisdictions, our liability shall

be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless WRCKED and our parent, subsidiaries,

affiliates, partners, officers, directors, agents, contractors, licensors, service providers,

subcontractors, suppliers, interns and employees, harmless from any claim or demand,

including reasonable attorneys’ fees, made by any third-party due to or arising out of your

breach of these Terms of Service or the documents they incorporate by reference, or your

violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or

unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted

by applicable law, and the unenforceable portion shall be deemed to be severed from these

remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive

the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may

terminate these Terms of Service at any time by notifying us that you no longer wish to use our

Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or

provision of these Terms of Service, we also may terminate this agreement at any time without

notice and you will remain liable for all amounts due up to and including the date of termination;

and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not

constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in

respect to The Service constitutes the entire agreement and understanding between you and us

and govern your use of the Service, superseding any prior or contemporaneous agreements,

communications and proposals, whether oral or written, between you and us (including, but not

limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against

the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall

be governed by and construed in accordance with the laws of the United States.

Changes to Terms

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these

check our website periodically for changes. Your continued use of or access to our website or

the Service following the posting of any changes to these Terms of Service constitutes

acceptance of those changes.

Mobile Messages. These terms relate specifically to your use of text/SMS messages to receive

one-time passcodes and marketing text from WRCKED and its brands (i.e. At All Costs, Foot by

Foot (FxF), Blur, Boosted Packs and more).

(a) Receiving one-time passcodes and marketing text in an SMS message. By providing a

mobile phone number, you represent and warrant that you are in lawful possession of the

mobile phone or wireless device to which you request directing messages to be sent. You agree

and represent that all registration and contact information provided as part of your account,

including the mobile phone number registered, is accurate and current. If any of your

registration or contact information or your mobile phone number changes, you agree to update it

immediately. You are solely responsible for the use of the Services by you and anyone you

allow access to the Services.

(b) Short Code; Quantity of Messages. You acknowledge and agree that the Service may send

you recurring messages that provide one-time passcodes or marketing text.

times and in all areas; certain variables could affect delivery of the messages, including but not

limited to the functionality of your carrier's network and text messaging platform, and restrictions

set by your carrier to your account. Neither WRCKED and its brand nor its third party service

providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services

will be available at all times. Neither WRCKED and its brands nor its third party service

providers are responsible for messages that are lost or misdirected.

(d) Third Party Charges and Mobile Messages. If you choose to receive your one-time

password or marketing text in an SMS message, a device that can receive the SMS is required.

SMS messages are not available on all carriers or on all rates plans. Even for Services for

which WRCKED and its brands do not charge, standard message and rates may apply from

your mobile or wireless device carrier. Your carrier may charge you for each text message sent

and received. Contact your carrier for text messaging rates and terms applicable to your plan.

You are solely responsible for any fees or charges incurred from participating in the Services.

Under no circumstances will WRCKED, its brands, its third party service providers, agents or

affiliates be responsible or liable for any text messaging or wireless service charges incurred by

you, any person responsible for charges related to the registered mobile or wireless device, or

any person having access to the registered mobile phone or wireless device, or for any

overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.

(e) How to Opt Out. If you have supplied your mobile phone number as part of your user

account or as part of a web form on WRCKED owned sites, you may also have the ability to opt

out by signing into your account and removing your phone number or by requesting your

removal in an email instead.

Contact

Questions about the Terms of Service should be sent to us at support@wrcked.com