Terms of Service

Introduction & Acceptance

Thank you for visiting the Kane® website located at www.kanefootwear.com (the “Site”). The Site is an Internet property of Kane Footwear, LLC (collectively, “Kane®,” “we,” “our” or “us”). The following Kane® Website Terms and Conditions (“Terms”) are inclusive of the Kane® Privacy Policy (“Privacy Policy”), the Kane® Rewards Program Terms (“Rewards Program Terms”), the Kane® Returns and Exchange Policy (“Return Policy”), the Kane® Affiliate Program Terms (“Affiliate Program Terms”), the Kane® FAQs, and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses certain text, images, video, audio, blog posts, testimonials, Reviews (as defined below), as well as other content and information relating to the Kane® Offerings (as defined below) as made available by: (i) Kane® (collectively, “Kane® Content”); and/or (ii) third parties (“Third-Party Content,” and together with the Kane® Content, the “Content”); (c) purchases any of the footwear, accessories, apparel, gift cards and other related products featured on the Site, including purchases in bulk for a specific Team (as defined below) (collectively, “Kane® Products”); (d) registers to receive our email newsletter (“Newsletter”), which contains updates and promotions associated with various Kane® Products; (e) utilizes our store locator to locate stores that sell Kane® Products near her/his designated location (“Store Locator”); (f) registers to receive SMS text message alerts and offers from Kane® (“Mobile Message Service”), which contain updates and promotions associated with various Kane® Products (the Mobile Message Service is subject to the Mobile Service Terms set forth below); (g) registers for the Kane® Affiliate Program (which is subject to the Affiliate Program Terms (“Affiliate Program”)); (h) registers for the Kane® Rewards Program (which is subject to the Rewards Program Terms (“Rewards Program”)); (i) accesses links to the Kane® social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Facebook®, Instagram®, LinkedIn®, TikTok®, X® and YouTube® (collectively, “Social Media Websites”); (j) utilizes the Site’s many interactive features designed to facilitate interaction between the user, Kane® and other Site users (collectively, “Interactive Services”); (k) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Kane® (collectively, the “Contact Services,” and together with the Site, Content, Kane® Products, Newsletter, Store Locator, Mobile Message Service, Affiliate Program, Rewards Program, Social Media Pages and Interactive Services, the “Kane® Offerings”); and/or (l) otherwise affirmatively consents to these Terms and/or the Agreement.

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE KANE® OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST KANE®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS are encouraged to review their rights under the Agreement, as provided under the New Jersey Truth-in-Consumer Contract Warranty and Notice Act (“TCCWNA”).

Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. (“Meta”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). Google Pay® and YouTube® are registered trademarks of Google, Inc. (“Google”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). X® is a registered trademark of X Corp. (“X”). Kane® is not affiliated with Google, LinkedIn, Meta, TikTok or X, nor are the Kane® Offerings endorsed, administered or sponsored by them.

Disclaimers

You acknowledge and understand that the Kane® Products and associated Content have not been evaluated by the US Food & Drug Administration (“FDA”). The FDA only evaluates orthotics and medical devices, not footwear, such as the Kane® Products. The Kane® Products, Content and other material made available by and through the Kane® Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician.

You should always consult with your physician or other healthcare professional before utilizing any Kane® Products, whether featured by and through the Kane® Offerings or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem as a result of any Kane® Products, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any Content or other Kane® Offerings.

1. Scope; Modification of Agreement

The Agreement constitutes the entire and only agreement between users and Kane® with respect to users’ use of the Kane® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.

The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Kane® Offerings. By your continued use of the Kane® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

2. Requirements; Termination of Access; Necessary Equipment

The Kane® Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater); (b) can enter into legally binding contracts; and (c) are either acting in their individual capacity or are duly authorized representatives of a valid team/league (“Team”) requesting a quote/purchasing Kane® Products for Team use (collectively, “Usage Requirements”).

The Kane® Offerings are not intended for individuals who do not satisfy the Usage Requirements. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Kane® Offerings.

To the extent permitted by law, Kane® may terminate your right to access the Kane® Offerings at any time where you: (i) are in breach of the Agreement; (ii) are engaged in improper conduct in connection with the Kane® Offerings; and/or (iii) are conducting unauthorized commercial activity by or through your use of the Kane® Offerings.

You are responsible for your Internet connection, device, browser, email account and any software/hardware necessary to access the Kane® Offerings. Kane® does not guarantee the quality, speed or availability of your connection, that the Kane® Offerings can be accessed on all devices/browsers/plans, or in all areas. Standard messaging, data and wireless access fees may apply and are your responsibility.

3. Registration Forms

To purchase Kane® Products and/or use certain Kane® Offerings (including Contact Services), you may be required to submit one or more registration forms (“Form”). Required information may include: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) Team name (if applicable); (f) credit/debit card or other Payment Method information (where purchasing); and/or (g) any other requested information (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, and to keep it updated. Kane’s® use of Registration Data is governed by the Privacy Policy.

4. Purchasing Kane® Products

Purchases

You can purchase Kane® Products via the Site by completing the applicable Form and providing Registration Data. Upon confirming your order, your designated Payment Method (credit/debit card, Google Pay®, Klarna®, PayPal®, Shop Pay®, TrueMed®, Venmo®) will be charged the listed amount plus applicable taxes and shipping/handling. Unless otherwise indicated, all sales are final and non-refundable. Kane® is not affiliated with Klarna, PayPal, Shopify or TrueMed.

General Billing Terms

Certain discounts may be made available (e.g., Teams, veterans/first responders) at Kane’s® discretion. Fees will appear on your statement as “SP KANE FOOTWEAR”. Prices are in U.S. Dollars and valid only in the United States. Failure to use purchased products does not excuse payment. Kane® may update Billing Provisions with reasonable prior notice (Site and/or e-mail). Changes do not affect charges incurred before the change.

Electronic Signatures

Kane’s® authorization to provide and bill for products may be obtained via electronic signature, physical signature and/or voice affirmation, consistent with the E-Sign Act and similar laws. You consent to electronic signatures, contracts, orders and records, and electronic delivery of notices/policies/records for transactions conducted via the Kane® Offerings.

Reseller Restrictions; Incorrect Price Listings

Products are for personal/Team, non-commercial use and may not be re-sold, re-distributed or exported. Suspected fraud may be reported to authorities. If a product is listed at an incorrect price due to error, Kane® may refuse/cancel orders placed at the incorrect price and limit quantities. If your Payment Method was charged, Kane® will credit the amount.

5. Kane® Products

Color display may vary by device and cannot be guaranteed. If products are not as described, your sole remedy is to return them per the Return Policy.

Inventory information is provided to estimate shipping timing but is not a guarantee. Items may appear in stock at order and be sold out at processing; you will be notified via email and refunded if backordered items become unavailable.

6. Return Policy

If you are dissatisfied, you may return within thirty (30) days for a full refund less a $10 return fee (waived if you select store credit) and shipping/handling, subject to the Return Policy. Returns must be in original packaging with proof of purchase. We do not accept returns of gift cards or international orders. Certain custom items are non-returnable. Footwear must be unworn/undamaged. Only Site purchases are eligible; promotional-event items are excluded. Questions: support@kanefootwear.com.

7. Store Locator

The Store Locator helps you find third-party stores (“Stores”) that sell Kane® Products. Pricing shown on our Site may differ from Store pricing. We do not guarantee specific styles/sizes at any Store. Stores are third-party owned/operated; Kane® is not liable for Store offerings or transactions.

8. Content

Content on the Site (text, audio, video, photos, graphics, artwork, testimonials, Reviews, etc.) is provided by Kane® and Third-Party Providers (e.g., athletes, influencers). Kane® does not control Third-Party Content and does not guarantee accuracy, completeness, timeliness or appropriateness. Use Content at your own risk and apply common sense. Kane® has no obligation or liability to monitor Third-Party Content.

9. Reviews

(a) Kane® may solicit/accept Reviews and may accept/reject/remove them at our discretion. We do not endorse Reviews.

(b) By submitting a Review, you irrevocably grant Kane® the right to use it in any marketing (web, print, TV, radio, online, etc.) without further approval or compensation and release Kane® from related claims.

(c) If you receive compensation or free products, you must comply with FTC endorsement guidelines and disclose your material connection clearly and conspicuously.

(d) You are solely responsible for Review content; it must be truthful and your own opinion. Do not submit Reviews if you or your household member works for a Kane® competitor, or orchestrate campaigns to influence Reviews.

(e) Prohibited content includes private info, obscene/indecent content, defamatory/misleading statements, hate speech, impersonation, harassment, endorsement implication, and use of third-party IP without consent. Violations may result in legal action.

10. Social Media Pages

Links to Kane® Social Media Pages are hosted on third-party Social Media Websites and governed by those sites’ terms. Kane® is not liable for your use of, or inability to use, any Social Media Pages/Websites.

11. Rewards Program

Participation is governed by the Rewards Program Terms. Kane® is not responsible for your participation or inability to join and may modify/suspend/discontinue the program.

12. Affiliate Program

Participation is governed by the Affiliate Program Terms. Kane® is not responsible for your participation or inability to join and may modify/suspend/discontinue the program.

13. Interactive Services and Feedback

(a) Users are solely responsible for their Feedback. Kane® may remove or prohibit conduct/Feedback in its discretion but has no duty to monitor. Use laws/common sense when participating.

(b) Prohibited activities include sharing private info, obscene/indecent content, impersonation/harassment, unauthorized advertising/solicitation, spam, claiming Kane® endorsement, harvesting personal data, scraping/data-mining, IP infringement, removing notices, disrupting services, uploading malware, offering illegal/rights-violating software/services, framing/mirroring, metatag misuse, reverse engineering, etc. Violations may lead to legal remedies.

14. Mobile Message Service

With your “prior express consent” under the TCPA and FCC rules, you consent to receive automated SMS/MMS from Kane® at your designated number. Not a condition of purchase. Messages include promotional/personalized marketing (e.g., cart reminders). You may receive up to 20 messages per calendar month; frequency varies. We may change sending numbers or frequency with notice.

Standard message/data rates may apply. Text STOP to +1 (833) 324-6570 (or reply STOP) to cancel. After texting STOP, you will receive one additional confirmation message. Text HELP to +1 (833) 324-6570 or email support@kanefootwear.com for help. Not all devices/areas are supported. Participating carriers (not liable for delayed/undelivered messages) include major and minor carriers listed in the original Terms.

15. Representations and Warranties

You represent/warrant that the Agreement is your binding obligation; you independently evaluated the Kane® Offerings; and your execution/Feedback/Reviews do not violate law, orders or agreements.

16. Indemnification

You agree to indemnify, defend and hold harmless Kane® and its affiliates/representatives from claims, losses, costs and expenses (including reasonable attorneys’ fees) arising out of: (a) disputes with third parties; (b) your breach; (c) your Feedback/Reviews; and/or (d) your unauthorized/improper use of the Kane® Offerings.

17. License Grant

Kane® grants a revocable, non-exclusive, non-transferable, limited license for personal, non-commercial use. Prohibitions include scraping/data extraction (unless expressly permitted), copying, emulation, renting, leasing, selling, modifying, reverse engineering, creating derivative works, combining with third-party content, or exploiting commercially without permission.

18. Proprietary Rights

The Kane® Offerings (organization, graphics, design, compilation, code, services, etc.) are protected by IP laws. Copying, redistribution or publication is prohibited. No ownership rights are acquired by use. “Kane,” “Kane Footwear,” and “Kane…Recover Faster” are trademarks of Kane Footwear, LLC. Collaboration marks belong to their owners. Do not use any trademark without written consent.

19. Legal Warning

Any attempt to damage, destroy, tamper with, vandalize or otherwise interfere with the Kane® Offerings violates criminal/civil law. Kane® will pursue all remedies to the fullest extent permissible.

20. Disclaimer of Warranties

The Kane® Offerings and other products/services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind (express or implied), including merchantability, non-infringement and fitness for a particular purpose. We do not warrant that the Offerings will meet requirements, be uninterrupted/secure/error-free, be free of harmful components, achieve any specific health/sports outcome, or be accurate/reliable. No advice or information creates any warranty not expressly stated.

21. Limitation of Liability

To the fullest extent permitted, Kane® is not liable for direct/indirect/incidental/special/consequential/exemplary damages (e.g., lost profits, goodwill, data) arising from or related to your use of the Kane® Offerings, substitute goods/services, disputes with third parties, unauthorized access/alteration of data, failure to realize health/sports outcomes, or any other matter. If law does not permit such limits, Kane’s® maximum liability is $1,000. No action may be brought more than one (1) year after the event giving rise to the claim.

22. Third-Party Websites

The Kane® Offerings contain links to third-party sites (including Social Media Websites). Kane® does not control those sites and is not responsible for their availability, content, practices or data protection. Use at your own risk.

23. Copyright Policy / DMCA Compliance

Kane® may terminate accounts of repeat infringers. To submit a DMCA notice, include: (a) signature of rights holder/agent; (b) identification/location of the work; (c) good-faith statement that use is unauthorized; (d) name/contact info; and (e) statement that information is accurate and you are the owner/agent under penalty of perjury. Send notices to Kane’s® Copyright Agent at Wolf, Greenfield & Sacks, P.C.

24. Editing, Deleting and Modification

Kane® may edit/delete any documents, information or Content on the Site at its discretion.

25. Use of Registration Data

All material submitted by users via the Kane® Offerings (including Registration Data) is subject to the Privacy Policy.

26. Dispute Resolution Provisions (Arbitration; Class-Action Waiver)

The Agreement is governed by New York law (without regard to conflicts principles). You and Kane® (and Covered Parties) agree to arbitrate all claims. Disputes will be resolved before JAMS under its then-current General Arbitration Rules & Procedures; provided that Kane® may require JAMS Mass Arbitration Procedures if 75+ similar demands are pending. You must first submit an Initial Dispute Notice. The Named Parties may provide you a Final Settlement Offer. If you reject it and proceed, you must provide proof that you accessed the Site and consented to the Agreement, then file a separate Demand for Arbitration (see JAMS: Submit a Case) in your county of residence. For claims ≤ $10,000, you may choose in-person, phone or documents-only.

If the arbitrator awards you relief greater than the Final Settlement Offer, the Named Parties will pay all filing, administration and arbitrator fees, and reimburse reasonable attorneys’ fees you incurred for investigating, preparing and pursuing the claim. Any award is final and may be entered in any court of competent jurisdiction. The Named Parties will not seek attorneys’ fees from you unless the arbitrator finds your claim frivolous.

Class-Action Waiver. To the extent permitted by law (and except where Kane® requires Mass Arbitration per above), you agree not to bring/join/participate in class actions. Kane® may seek injunctive relief to enforce this waiver and recover fees/costs incurred seeking such relief. You may opt-out of these dispute provisions by written notice within thirty (30) days of first accessing the Site.

Initial Dispute Notice

Please complete and submit this form before initiating arbitration, per Section 26. You may email it to support@kanefootwear.com or use the mailto form below.

Alternatively, mail to: Kane Footwear, 55 Post Rd. West, Westport, CT 06880.

27. California User Consumer Rights

California residents may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

28. California Proposition 65 Warnings

Proposition 65 requires warnings when consumers might be exposed to chemicals known to cause cancer or reproductive toxicity. See OEHHA’s resources for new warnings and the law & regulations.

We are providing the following warning for products linked to this page: (insert product-specific warning language here if applicable).

29. Miscellaneous

If anything in/associated with the Kane® Offerings conflicts with the Agreement, the Agreement controls. If there is inconsistency between these Terms and (a) the Rewards Program Terms (rewards), (b) the Return & Shipping Policies (returns/shipping), or (c) the Affiliate Program Terms (affiliate), those specific terms control for their subject matter. Failure to enforce any provision is not a waiver. No agency/partnership is created. If any part is invalid/unenforceable, the remainder remains in force. Kane® may assign its rights/obligations; you may not. Headings are for reference only.

30. Contact Us

Questions about the Agreement or Kane® Offerings? Visit the Site’s “Contact Us” page or reach us at: support@kanefootwear.com; 203-200-0832; or mail: Kane Footwear, 55 Post Rd. West, Westport, CT 06880.