Terms & Conditions

comfortfirstshoes.com Mobile Terms & Conditions

comfortfirstshoes.com offers its customers mobile alerts regarding marketing and promotional messages by SMS message from a short code (the “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. comfortfirstshoes.com reserves the right to stop offering the Service at any time with or without notice.

There is no fee to join the comfortfirstshoes.com Mobile Messages program or to receive messages, and participation is not conditioned on the purchase of any goods or services.

By opting into the Service, you:

• Authorize comfortfirstshoes.com to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in.
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, you may use the contact options on our website. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need a device with Internet access, and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive an alert when instances occur such as:

• You are welcomed into the Service
• General brand information
• Sales and promotion
• New product alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred as a result of using the Service.

Supported carriers include major national and regional carriers. The Service may not be available on all wireless carriers. comfortfirstshoes.com may add or remove any wireless carrier from the Service at any time without notice. comfortfirstshoes.com and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To opt into the Service

To subscribe to comfortfirstshoes.com Mobile Messages, text a specific keyword to the designated short code.

To Stop the Service

To stop receiving text messages from comfortfirstshoes.com, text the word STOP to the designated short code any time or reply STOP to any of the text messages you have received from comfortfirstshoes.com. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies. To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that comfortfirstshoes.com and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from comfortfirstshoes.com through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions

You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a contact method for assistance. You can also contact us through the website.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify comfortfirstshoes.com through the contact methods provided on our website.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of comfortfirstshoes.com services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act or any other statute, regulation, or legal or equitable theory. You and comfortfirstshoes.com hereby agree that the Federal Arbitration Act applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration. However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND comfortfirstshoes.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND comfortfirstshoes.com AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and comfortfirstshoes.com are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

comfortfirstshoes.com Program Terms and Conditions

PLEASE READ THESE PROGRAM TERMS CAREFULLY. BY PARTICIPATING IN THE comfortfirstshoes.com PROGRAM, YOU AGREE TO BE BOUND BY THESE PROGRAM TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE PROGRAM TERMS, THEN DO NOT PARTICIPATE IN THE comfortfirstshoes.com PROGRAM.

These comfortfirstshoes.com Program Terms and Conditions (“Program Terms”) apply to your access to and participation in the comfortfirstshoes.com Program (the “Program” or “comfortfirstshoes.com”), which is operated by comfortfirstshoes.com (“Company,” “our,” “we,” “us”). These Program Terms do not alter in any way the terms or conditions of any other agreement you (“Member”, “you,” or “your”) may have with Company for other products and services.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

Overview of Program

The Program is a free to join customer program created by Company to reward our customers for their loyalty. Members will receive certain rewards Points (defined below) through certain actions defined and described in “Earning Points” below that they can redeem to receive discount Rewards (defined and described in “Program Rewards and Points Redemption” below). Members’ qualifying purchases and actions can also unlock Membership tiers that provide Perks (defined below) to Members pursuant to “Tier Status; Perks” below.

Changes; Modifications

Company may change, modify, limit, and/or eliminate the Program and/or all or any portion of these Program Terms, or any policy pertaining to the Program from time to time and in its sole discretion, including the following: (a) the Rewards, Perks, or benefits offered under the Program; (b) the expiration date of Points received under the Program or Rewards redeemed under the Program; (c) how Points are earned, calculated, or redeemed; or (d) how Rewards are calculated, valued, or redeemed. If we make changes to the Program Terms, we will post the amended Program Terms here and update the “Effective Date” above. We may also attempt to notify you in other ways. Unless we indicate otherwise, the amended Program Terms will be effective immediately and your continued participation in the Program after the amended Program Terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Program Terms, you must stop participating in the Program. Company will not be liable to you in any way for any value or benefits you may lose as a result of any changes made to the Program, including any Points or Perks.

Eligibility

In order to be eligible to participate in the Program, you must (a) be a resident of the applicable region; (b) be at least 18 years of age; (c) have a comfortfirstshoes.com account; (d) provide valid and accurate personal information when enrolling; (e) not be an employee of comfortfirstshoes.com. You may only have one Program account. The Program is intended for personal use only, and commercial customers are not eligible to participate. Your account may not be assigned, transferred, or shared with family, friends, and your account and associated benefits are not intended for those purchasing items for resale.

Company evaluates residency based on your shipping address. If you change your shipping address to one that is not in the eligible region, you will no longer be able to receive or redeem Points for Rewards or be able to use Rewards or Perks in your account.

Joining the Program; Opt-Out

To join the Program, log into your existing comfortfirstshoes.com account, or if you do not already have an account, register for an account at comfortfirstshoes.com (registration and joining the Program are free).

To opt out of the Program, visit the settings of your comfortfirstshoes.com account and, in the Rewards section, select Opt Out. You may also opt out by contacting us through the website. If you elect to opt out and cancel your account, you (i) will forfeit and not be able to redeem any unused Perks, Rewards, or Points, (ii) will not be able to retrieve previously-earned Points, Perks, Rewards, or tier status if you elect to opt in at a later time, and (iii) will not be able to earn Points or Spend (defined below) for purchases or actions taken while not opted in to the Program.

A current, valid email address is required for you to be able to participate in and receive Points in connection with the Program. You must notify Company in the event of a change in your email address by updating your account information online.

Earning Points

Members will receive Points on their account through Qualifying Purchases (defined below), Earn Actions (defined below), and participation in any other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. As you earn Points, you may qualify for placement in a membership tier, each with its own Perks. (See “Tier Status; Perks” below for more information on membership tiers.) Additional terms, requirements, and details for earning Points follow. Points will be active within a short period after purchase.

• Qualifying Purchases: Program members receive a set number of Points for every specified amount spent on Qualifying Purchases at comfortfirstshoes.com or at comfortfirstshoes.com stores (“Points”). “Qualifying Purchases” means all regular and sale priced merchandise purchased via comfortfirstshoes.com or at Company retail stores, but excluding the “Exclusions from Qualifying Purchases” stated below. Points are only awarded based on full dollars spent; purchase prices will be rounded down to the nearest full dollar amount in order to calculate Points.
  To make a Qualifying Purchase online you must be signed into your comfortfirstshoes.com account when placing the order and keep at least one Qualifying Purchase item in your cart when you finalize the order. To make a Qualifying Purchase in-person at a comfortfirstshoes.com store you must provide the email address associated with your comfortfirstshoes.com account at checkout. You can check your orders in the “My Account” page and monitor your Point total and tier status.
• Exclusions from Qualifying Purchases: Points will not be awarded on unauthorized or fraudulent purchases, sales tax, state fees, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time to time. The amount of a purchase made using gift cards, Perks, Rewards, and/or benefits under the program as the method of payment will not be applied to your Point accrual or Spend. Points will not be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Additional items may be excluded from Point, Rewards, Spend, and Perks (defined below) accumulation at the discretion of Company.
• Earn Actions: You also earn Points from earn actions communicated by Company or its third-party partners (“Earn Actions”) from time to time, such as signing up for promotional emails, electing to follow comfortfirstshoes.com on social media through the link provided on the Company website, making your first purchase in a Company store, or any other Earn Action communicated by Company to you. The number of Points earned from any given Earn Actions shall be determined by Company, in its sole discretion, and will be posted on its website. All Earn Actions taken by you on third-party social media websites or apps must comply with the applicable terms of service for that website or app and are subject to any terms and conditions in the promotional offer related to the Earn Action. For a list of current Earn Actions, visit https://comfortfirstshoes.com. In the case of Earn Actions, Points will be allocated to your comfortfirstshoes.com Program account as soon as practicable. For all Earn Actions or promotional offers you agree, represent, and warrant that: (a) if such Earn Actions involve an endorsement, testimonial, taking action on social media, referrals, or the posting of a review, you will comply with the Federal Trade Commission’s Endorsement Guides and related guidance (as updated from time to time), including by disclosing your material connection with Company as applicable; (b) your Earn Action (i) will not be untruthful, incomplete, unsupported, unfair, inaccurate or misleading; (ii) will reflect your honest opinions, beliefs, or experiences; and (iii) will be voluntary, meaning submitted at your sole discretion; (c) your Earn Action will not (in Company’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) contain obscene, offensive, or indecent content; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third-party trademarks; and (d) your Earn Action will comply with applicable laws and you will not send unsolicited bulk emails (spam) or engage in any other behaviors resembling spam, determined at Company’s discretion.
• Promotional Offers: Other special programs and promotional offers (including personalized offers) for earning Points may be made by Company, its agents or third-party partners from time to time in Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.
• Returned Items: If you return any items from a Qualifying Purchase, the Points and Spend (defined below) earned on the returned items will be deducted from your account as applicable when the return is processed and any unlocked tier status or redeemed Rewards or Perks related to the returned item will be reversed.

Members may view their Point balance at any time by checking their “My Account” page.

Program Rewards and Points Redemption

Rewards: comfortfirstshoes.com members can spend their accumulated Points to receive promotional discount Rewards (each a “Reward”). The number of Points required for each Reward level is predetermined and displayed on the website. Limit of one discount code per transaction. Some notifications or offers related to Rewards may be sent by email, and you will need to opt-in to emails from Company to receive these notifications or offers. Account information such as tier status, Point totals, and available Rewards will also typically be accessible by logging into your account on comfortfirstshoes.com. Rewards may have certain restrictions including expiration dates and short, time-limited redemption periods. Only the account holder may use and access the Rewards.

Rewards have no cash value, are non-transferable, and are only redeemable through Company.

Converting Points to Rewards: You may elect to redeem your Points for Rewards, subject to these Program Terms and the terms and conditions and options at https://comfortfirstshoes.com. Once you elect to redeem your Points, the decision is final and the redemption cannot be reversed. ALL REWARDS EXPIRE AFTER A SPECIFIED PERIOD AFTER THE REWARDS ARE PLACED INTO THE MEMBER’S ACCOUNT.

See the FAQs for more information about Rewards. Pursuant to “Changes; Modifications” above, Company reserves the right to change the Rewards, including the specific Rewards offered at various tier statuses, the Points earning and redemptions procedures and offerings, and the conversion rate between Points and Rewards. Any Reward redemption opportunity may be subject to its own terms and restrictions, including expiration dates.

Expiration of Points: IF YOU DO NOT MAKE ANY PURCHASE OF QUALIFYING PRODUCTS OR OTHERWISE EARN POINTS DURING A SPECIFIED PERIOD, YOUR ENTIRE AVAILABLE POINTS BALANCE WILL EXPIRE. ANY UNUSED POINTS WILL EXPIRE AFTER A SET PERIOD. EXPIRED POINTS ARE DEDUCTED FROM YOUR PROGRAM ACCOUNT POINTS BALANCE.

Company expressly reserves the right to offer similar (or identical) Rewards or other benefits, including participation in promotional offers or sweepstakes, to both comfortfirstshoes.com Members and non-members. Perks and Rewards will not be paid out in cash or store credit.

Tier Status; Perks

Program tier status is based solely on your total spending amount on unreturned Qualifying Purchases during a given calendar year, as described below (“Spend”), as follows:

• Tier Levels: There are multiple comfortfirstshoes.com tiers based on spending thresholds.
• Tier Perks: The Points awarded for every specified amount spent on Qualifying Purchases increases with higher tiers. In addition, comfortfirstshoes.com members will, from time-to-time, receive personalized offers, opportunities, and benefits (“Perks”) based on their tier status. Additional Perks will be unlocked after attaining a higher tier level. Some notifications or offers related to Perks may be sent by email, and you will need to opt-in to emails from Company to receive these notifications or offers. Account information such as tier status and available offers will also typically be accessible by logging into your account on comfortfirstshoes.com. Perks may have certain restrictions including expiration dates and short, time-limited redemption periods. Only the account holder may use and access the Perks.
  See the FAQs for a full description of current Perks. Company reserves the right to change the Perks, and to change the specific Perks offered at various tier statuses. Representative examples of the Perks that may be included based on the applicable tier status include:
• One-time discount coupons for increasing tier status above the base tier;
• A discount that can be used during your birthday month (“Birthday Gift”), subject to the Birthday Gift terms below;
• Early access to promotions, new arrivals, and back-in-stock items;
• Free economy shipping for eligible tiers (applicable addresses only);
• Exclusive loyalty promotions.

Perks and other benefits unlocked through the Program have no cash value, are non-transferable, and you have no property rights in or to Perks or other Program benefits. Perks cannot be exchanged or returned for Points, another product, or a monetary refund.

In order to receive your Birthday Gift Perk, you must have become a comfortfirstshoes.com member and have added your birth date and month to your account no later than the last day of the month preceding your birth month. If this information is not added to your account until the month of your birth, or afterwards, your first Birthday Gift will be awarded during the following calendar year. Birthday Gifts are awarded on the day customer has set in their account and is valid for a specified period from the day the gift is awarded. The amount of the Birthday Gift is based on your membership tier status at the time of issuance. You must be logged into your comfortfirstshoes.com account to redeem your Birthday Gift. There is a limit of one Birthday Gift per member per year and Birthday Gifts cannot be transferred, delayed, exchanged, or returned. Birthday Gifts are valid on select items only and may have certain restrictions or additional terms and conditions.

• Raising Tier Status: If your Spend is high enough to qualify you for a new tier, your new tier status will take effect immediately when the minimum Spend for the applicable tier is allocated to your account. As noted above, Points or Spend earned for purchases that are later returned will be subtracted from your account. If the Spend attributable to a returned purchase was responsible for increasing your tier status, Company reserves the right to reduce your tier status accordingly.
• Maintaining Tier Status: Once you achieve a new tier status, you will remain in that tier for the remainder of the current calendar year plus an additional period, unless your Spend total qualifies you for a higher tier during that same period. To maintain your tier status beyond that additional period, you must obtain a qualifying amount of new Spend during the additional period. If, at the end of the additional period, your Spend does not match the current Spend threshold to retain your tier, you will be moved to the tier that matches your Spend earned during that period for the next calendar year.
  Detailed descriptions of the benefits and Perks in each tier can be found in Company’s FAQs.

Program Communications

Unless Member has opted out of receiving marketing communications, Company may (at its option) communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers, and more. Company will also use these channels to communicate Member tier status, notify Member when they are eligible for a benefit or Perk, communicate Program changes, and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

Intellectual Property

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in applicable jurisdictions and internationally, and nothing contained herein shall affect Company’s ownership thereof.

Miscellaneous

Without notice to you, Company reserves the right to suspend or terminate your account and/or your participation in the Program if Company determines in its discretion that you have violated these Program Terms, you have more than one account, or that the use of your account or your participation in the Program is unauthorized, deceptive, fraudulent, or otherwise unlawful. Company may, in its discretion, suspend, cancel, or combine accounts that appear to be duplicative. You may opt-out of the Program at any time. If you opt-out of the Program or Company cancels your membership or terminates the Program for any reason, all Points, tier status, Rewards or other benefits earned on your Member account will be forfeited. If you choose to opt back into the Program, no Points, tier status, Rewards or other benefits previously earned on your Member account will be restored.

You are responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from your participation in the Program.

For all questions about the Program or your Member account, please contact us through the website.