TERMS OF USE OF SITE

Soofhy. ("MARKET AMERICA") provides Web site features to you subject to the following terms of use (the "Agreement").PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THIS AGREEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS IT IS A BINDING CONTRACT BETWEEN MARKET AMERICA ("WE" OR "US") AND YOU ("YOU" or "USER").This Agreement applies to your use of our website www.soofhy.com (the "Site") and governs any and all orders placed by You on the Site.By using the Site, You agree to be bound by the terms in this Agreement, including the Privacy Policy and any supplemental terms of use that may apply, and You agree to follow the guidelines and policies that MARKET AMERICA may post on the Site or provide You from time to time. If You do not agree to all of the terms contained in this Agreement, You are not authorized to access or use the Site, in which case You should immediately exit and not use the Site. Your use of the Site constitutes your acceptance of this Agreement. You understand and agree that from time to time MARKET AMERICA may modify the terms in this Agreement, and such modifications will be effective immediately upon their posting. Your continued use of the Site after a modification or change to these terms has been posted will mean that you accept and agree to any changes to the Agreement that have been posted. You are encouraged to check back from time to time to see if there have been any changes to the terms and provisions contained in this Agreement. This Agreement applies to all Users of the Site, including visitors, registered Users and persons posting information or content on the Site.

PRIVACY. We care about your privacy and request that you read our Privacy Policy which is part of and incorporated into this Agreement by this reference.

OWNERSHIP; PROPRIETARY RIGHTS. All materials, content, text, graphics, icons, images, software and trademarks on the Site are the property of MARKET AMERICA or affiliates subsidiaries or parent companies, or other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part, and are protected by all relevant intellectual property laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. MARKET AMERICA grants You a limited and revocable license to use the Site for the purpose of purchasing products.

SHOPPING ON THE SITE. As a User, you are welcome to buy the products featured in our Site. Although you can select your country from our website, You understand that some products for sale on this website (and/or the ability to deliver them) may not be available in your country/region. All the products for sale are in compliance with the USA applicable regulations and laws only. Market America makes no representation that the products comply with regulations from your country/region.

You are responsible for assuring that the product(s) listed in the order placed by you can be lawfully imported to your country. You are solely responsible for knowing the rules and restrictions of your country before ordering shipments from our Site. We are not responsible for merchandise loss due to customs seizure and will not refund you for any order that is seized by the customs of your country.

TAXES AND DUTIES. You shall be responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package in the country of destination of the order placed by you. Please consult what rules apply to your country at Shipping FAQ’s tab located at the bottom of this website. If your order is to be delivered in one of the countries where we provide carrier service, you agree and authorize us to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country to clear your merchandise and make payment of the applicable taxes. In such a case, the applicable taxes will be levied to the total of your order and will be shown to you at the confirmation/checkout screen. For countries that we are not able to provide this service, you will be solely responsible for arranging for the clearance of the products with customs and payment of the applicable taxes. We cannot predict what would be such taxes as it varies from country to country. You might want to check with your local customs office what would be such taxes.

DELIVERY. We shall not be responsible for delays caused by circumstances beyond our control such as difficulties with airlines, customs or documentation governmental acts, or acts of God. Occasionally packages are returned to us as undeliverable. When it occurs, we issue a refund for the order. Any shipping charges incurred by us in connection with such order are discounted from the amount to be refunded. You agree that MARKET AMERICA is not responsible or liable for any issue, complaint, charges, damages or losses arising from the importation of our products into your destination country. We make no warranty that our products are in accordance with the law of your destination country.

PICKUP ORDERS. Some products may be available for pickup at the Greensboro Distribution Center. Please see Shipping Information for more details regarding pickup orders.

PERSONAL CONSUMPTION. You agree that you are ordering the products for personal consumption only and shall not re-sale the products in your destination country. You agree to indemnify and hold us harmless from any claim, loss, fine, tax or complaint for damages brought by a third party against us as a result of you re-selling our products in your country.

ELECTRONIC COMMUNICATIONS. We may communicate with you regarding the services we provide by electronic communications, including sending electronic mail to the email address you provided during registration; posting notices or communications on the Site and communicating with you via authorized third parties. You agree that we may communicate with you by means of electronic communications regarding this Agreement, notice or disclosures regarding the Site, payment authorizations, and any other matter relating to your use of the Site.

TERMINATION AND EFFECT OF TERMINATION. You agree that MARKET AMERICA may at any time without notice or cause refuse service, terminate any rights granted herein, terminate accounts and/or cancel orders or portions thereof in its sole discretion, including, without limitation, if MARKET AMERICA determines that any User conduct violates applicable law or is harmful to the interests of MARKET AMERICA or the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for You in our records. You will still be liable for any breaches of this Agreement and/or obligations incurred before the Agreement ends.

INDEMNITY. As a condition of your access to and use of the Site, you agree to hold us, the Site and our subsidiaries, affiliates, partners, and parent companies, and all other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part, its officers, directors, employees, agents, attorneys, partners, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; and/or (ii) your violation of this Agreement, and any applicable law or the rights of another person or party.

DISCLAIMER OF WARRANTIES. USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, FEATURES, PRODUCTS, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW MARKET AMERICA DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION.

LIMITATION OF LIABILITY. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT ALLOWED BY LAW, MARKET AMERICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE , INABILITY TO USE THE SITE, ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGHOUT THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES. TO THE EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF REASON THEREFORE) WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU IN THE TRANSACTION GIVING RISE TO THE ALLEGED DAMAGES.

APPLICABLE LAW. Any dispute that may arise between You and MARKET AMERICA including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be governed by and adjudicated under the laws of the State of North Carolina, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Site.