The following terms and conditions govern all use of the Upkeep Shoes website and all content, services and products available at or through the website, including, but not limited to, Upkeep Shoes mobile apps and SMS services (collectively, “Upkeep Shoes”). Upkeep Shoes is owned and operated by Pasquale Shoe Repair Inc. Upkeep Shoes is offered subject to your acceptance without modification of all (any) of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Upkeep Shoes Privacy Policy) and procedures that may be published from time to time on this Site by Upkeep Shoes (collectively, the Agreement).
Please read this Agreement carefully before accessing or using Upkeep Shoes. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Upkeep Shoes or use any of its services. If these terms and conditions are considered an offer by Pasquale Shoe Repair Inc., acceptance is expressly limited to these terms. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from users of the Site. By using Upkeep Shoes you agree to our use, collection and disclosure of personally identifiable information in accordance with our privacy policy.
1. Information provided on Upkeep Shoes is posted for general information purposes only and is subject to change without notice.
2. Your Upkeep Shoes account. If you create an account on Upkeep Shoes, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pasquale Shoe Repair Inc. may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Pasquale Shoe Repair Inc. liability. You take full responsibility of any appointments that you schedule and any fines that you incur as a result of not fulfilling the contract of sale. You must immediately notify Pasquale Shoe Repair Inc. of any unauthorized uses of your account or any other breaches of security. Pasquale Shoe Repair Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of shoe repair businesses. If you provide information that will be displayed on Upkeep Shoes, or make (or allow any third party to make) material available by means of Upkeep Shoes (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- – the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- – you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- – the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- – the Content is not spam, and does not contain unethical or unwanted commercial content designed to boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- – the Content is not pornographic, and does not contain threats or incites violence, hatred, discrimination and/or animosity towards any individuals, groups or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Pasquale Shoe Repair Inc. for inclusion on Upkeep Shoes, you grant Pasquale Shoe Repair Inc. a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your business. If you delete Content, Pasquale Shoe Repair Inc. will use reasonable efforts to remove it from Upkeep Shoes, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Pasquale Shoe Repair Inc. has the right (though not the obligation) to, in Pasquale Shoe Repair Inc. sole discretion (i) refuse or remove any content that, in Pasquale Shoe Repair Inc.’s reasonable opinion, violates any Upkeep Shoes policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Upkeep Shoes to any individual or entity for any reason, in Pasquale Shoe Repair Inc.’s sole discretion. Pasquale Shoe Repair Inc. will have no obligation to provide a refund of any amounts previously paid.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Upkeep Shoes links, and that link to Upkeep Shoes. Pasquale Shoe Repair Inc. does not have any control over those non-Upkeep Shoes websites and webpages, and is not responsible for their contents or their use. By linking to a non-Upkeep Shoes website or webpage, Pasquale Shoe Repair Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pasquale Shoe Repair Inc. disclaims any responsibility for any harm resulting from your use of non-Upkeep Shoes websites and webpages.
5. Copyright Infringement. As Pasquale Shoe Repair Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Upkeep Shoes violates your copyright, you are encouraged to notify Pasquale Shoe Repair Inc. at the contact information below. Pasquale Shoe Repair Inc. will terminate a visitor’s access to and use of Upkeep Shoes if, in our sole discretion, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pasquale Shoe Repair Inc. or others. In the case of such termination, Pasquale Shoe Repair Inc. will have no obligation to provide a refund of any amounts previously paid to Pasquale Shoe Repair Inc.
6. Intellectual Property. This Agreement does not transfer from Pasquale Shoe Repair Inc. to you any of its intellectual property rights . or those of any third party , and all right, title and interest in and to such property will remain (as between the parties) solely with Pasquale Shoe Repair Inc. Pasquale Shoe Repair Inc., Upkeep Shoes, and the Upkeep Shoes.ca logo, and all other trademarks, service marks, graphics and logos used in connection with Upkeep Shoes.ca, or Upkeep Shoes are trademarks or registered trademarks of Pasquale Shoe Repair Inc. or Pasquale Shoe Repair Inc.’s authorized licensees (?)licensors. Other trademarks, service marks, graphics and logos used in connection with Upkeep Shoes may be the trademarks of other third parties. Your use of Upkeep Shoes grants you no right or license to reproduce or otherwise use any Pasquale Shoe Repair Inc. or third-party trademarks.
7. Changes. Pasquale Shoe Repair Inc. reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline of Upkeep Shoes, at any time and in its sole discretion. If we do so, we will notify you of any such changes and/or modifications at the email address you provide in your registration information. If you do not agree with the changes, you can cancel your account with us without further obligation, and you will be refunded the unused portion of any fees paid by you for use of Upkeep Shoes from the time of your cancellation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on Upkeep Shoes, and your continued use of Upkeep Shoes after such time will constitute your acceptance of such changes or modifications. You should from time to time review this Agreement and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of Upkeep Shoes. The Agreement will always show a change log at the bottom. If you do not agree to any amended Agreement, you must stop using Upkeep Shoes. If you have any questions about the Agreement, please email us at the contact address below. Pasquale Shoe Repair Inc. may also in the future offer new services and/or features through Upkeep Shoes. Such new features and/or services shall be subject to the terms and conditions of this Agreement, as amended from time to time.
8. Termination. Pasquale Shoe Repair Inc. may terminate your access to all or any part of Upkeep Shoes at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Upkeep Shoes account (if you have one), you may simply discontinue using Upkeep Shoes. Notwithstanding the foregoing, if you have a subscription, such account can be terminated by Pasquale Shoe Repair Inc. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pasquale Shoe Repair Inc.’s notice to you thereof; provided that, Pasquale Shoe Repair Inc. can terminate Upkeep Shoes immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. Upkeep Shoes is provided as is. Pasquale Shoe Repair Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pasquale Shoe Repair Inc. nor its suppliers and licensors, makes any warranty that Upkeep Shoes will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Upkeep Shoes at your own discretion and risk.
10. Limitation of Liability. In no event will Pasquale Shoe Repair Inc., or its suppliers or licensees, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any indirect, special, incidental or consequential damages or damages for economic loss or lost revenue or profits; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for any person’s decision to access any of the services referred to by Upkeep Shoes; or (v) for any amounts that exceed the fees paid by you to Pasquale Shoe Repair Inc. under this agreement during the twelve (12) month period prior to the cause of action. Pasquale Shoe Repair Inc. shall have no liability for any failure or delay. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty. You represent and warrant that (i) your use of Upkeep Shoes will be in strict accordance with the Pasquale Shoe Repair Inc.’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of Upkeep Shoes will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification. You agree to indemnify and hold harmless Pasquale Shoe Repair Inc., its contractors, and its licensees, and their respective directors, officers, employees, assigns and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Upkeep Shoes.
14. Miscellaneous. This Agreement constitutes the entire agreement between Pasquale Shoe Repair Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pasquale Shoe Repair Inc., or by the posting by Pasquale Shoe Repair Inc. of a revised version in accordance with this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Upkeep Shoes and all disputes, claims or other matters arising from or relating to your use of Upkeep Shoes will be governed by the laws of the State of California and the federal laws of the United States of America applicable therein. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pasquale Shoe Repair Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions regarding this Agreement or your use of Upkeep Shoes, please contact us here:
What does it cost to join Upkeep Shoes?
The total cost of joining is $700. This includes:
- certification (renewal every 3 years at $500)
- one-time system integration fee of $200
Are there additional fees?
- $50 per month Point of sales (POS) fee which provides up to 4 licenses
- 15% per sale fee
