Welcome to Hotter Comfort Concept shoes and thank you for visiting hotterusa.com.

We want to make your experience with Hotterusa.com as comfortable as the shoes themselves, so we've asked our legal brains to put together these comprehensive terms and conditions. Designed to make your e-shopping experience as simple and safe as we can, you can use the links below to find out more about the terms and conditions for using our website, for purchasing and sales and for privacy. Please note that these conditions are subject to change at any time and without notice, so it is your responsibility to check for any changes before making a purchase. You can determine when each section was last revised by checking the "last revised" date at the beginning of each section.

If you have a question about our lovely footwear why not have a look at our 'Frequently Asked Questions' where our years of experience serving customers just like you have helped us compile answers for everything from shipping costs to product care!

We hope you have a happy shopping experience with Hotter, if you have any questions about our terms and conditions please email our customer service department at customerenquiries@hottercomfortshoes.com

Hotter USA is a trading entity or alternate name of Beaconsfield Footwear Limited, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom ("Hotter USA"). The company is registered in England and Wales under registered No. 641365. Your use of hotterusa.com (the "Website") for purchases or any other purpose is subject to the Terms and Conditions of Use that follow, including the terms and conditions of use of the Website, the terms and conditions of purchases and sales made through the website and our privacy policy governing use of information about you that we collect through the Website (the "Terms and Conditions of Use"). Please read these Terms and Conditions carefully. By accessing or using the Website, you agree to the Terms and Conditions of Use. By making a purchase on the Website, you agree to the terms and conditions of sale stated below, which apply to all purchases made through the Website. If you do not agree to each of t he Terms and Conditions of Use, then you are not authorized to, and may not, use the Website. If you breach any of the Terms and Conditions of Use, your authorization to use the Website automatically terminates.

A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions of Use directly from the Website, by downloading the Terms and Conditions of Use from the Website to a disk and then printing them or by contacting us to request a copy of the Terms and Conditions of Use by mail.

I. Terms and Conditions of Website Use
II. Terms and Conditions of Purchases and Sales
III. Our Privacy Policy

You may navigate directly to any of the above sections by clicking on it above.

I. Terms and Conditions of Website Use (Last Revised 03/22/2010)

The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of Hotter USA, its affiliates or suppliers. Any unauthorized use of the materials or content available on the Website may violate such laws. Hotter USA does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of Hotter USA or the copyright owner.

HOTTER®, HOTTER COMFORT CONCEPT®, the HOTTER COMFORT CONCEPT™ and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by Hotter USA, and all related products and service names, design marks and slogans are the service marks or trademarks of Hotter USA or its licensors, or of the suppliers of the products or services identified. GORE-TEX®, GUARANTEED TO KEEP YOU DRY® and GORE-TEX GUARANTEED TO KEEP YOU DRY and design® are trademarks of W. L. Gore & Associates, Inc. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the "look" and "feel" of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

All information, ideas, suggestions or other communications you transmit to Hotter USA concerning the products or materials on the Website, or other products or materials, shall be on a non-confidential basis and shall become the property of Hotter USA. Hotter USA and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.

Hotter USA enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning intellectual property rights in materials on the Website, you may write to USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom or email us at customerenquiries@hottercomfortshoes.com

The Website and its services are intended to be used for the lawful purchase of the products available on the Website by United States residents for delivery within the United States. The Website may be used only for lawful purposes consistent with the foregoing. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to Hotter USA that:

• (a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law;
• (b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that:
• (i) restrict or inhibit any individual who uses any aspect of the Website or its services (a "User") from using and enjoying the Website;
• (ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, or violate the rights of any third party;
• (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation;
• (iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right;
• (v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content;
• (vi) contain any information, software or other material of a commercial nature;
• (vii) contain advertising of any kind;
• (viii) impersonate another person, living or dead;
• (ix) contain chain letters, pyramid schemes or like documents;
• (x) contain any commercial notices;
• (xi) contain any information that is presented in any manner or for any purpose other than that which is within the Website's intended and acceptable use; or
• (xii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name;
• (c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name;
• (d) you will represent yourself accurately and truthfully at all times;
• (e) you grant Hotter USA the right to verify independently by any lawful means any information that you transmit to Hotter USA through the Website, including, but not limited to, information about yourself;
• (f) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and
• (g) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without Hotter USA's prior written consent.

If you establish, or are issued, a user name and password for the purpose of making purchases through the Website or gaining access to restricted areas of the Website, if any, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to make purchases through, or have access to any restricted areas of, the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. Hotter USA is entitled to rely on your compliance with the foregoing, and to assume that any person making purchases or accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.

You agree to indemnify, defend and hold harmless Hotter USA, and all its officers, directors, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any use of your user name and password, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Hotter USA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hotter USA.

When you communicate with Hotter USA through the Website or send us emails you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The material contained on the Website has been checked for accuracy; however, all material is provided without express or implied warranties and Hotter USA does not warrant that product descriptions or other content on the site are accurate, complete, reliable, current or error free or assume responsibility for any errors or omissions in the material.

If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide Hotter USA with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The above notice should be provided to Hotter USA's copyright agent for notice of claims of copyright infringement on the Website, at customerservices@hottercomfortshoes.com

The Website may contain links and pointers to websites operated by third parties. These links are provided solely as a convenience to you and not as an endorsement by Hotter USA of the contents of such third-party websites. Hotter USA is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. In addition, any information that you submit to linked third-party websites will be covered by that website's privacy policy and not by Hotter USA's privacy policy.

You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, "flooding", "mailbombing" or "crashing" the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or the goods sold through the Website) promoting and/or advertising products or services (all of the foregoing, the "Security Rules"). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. Hotter USA will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HOTTER USA, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, HOTTER USA MAKES NO WARRANTY THAT THE SERVICES OFFERED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.

WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING, BUT NOT LIMITED TO, ERRORS CONCERNING PRICING, AND HOTTER USA SHALL NOT BE BOUND THEREBY. HOTTER USA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. HOTTER USA MAY CHANGE THE WEBSITE AT ANY TIME AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.

HOTTER USA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HOTTER USA IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY.

IN NO EVENT SHALL HOTTER USA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOTTER USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN HOTTER USA'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100.00 OR (B) THE DOLLAR AMOUNT OF PURCHASES YOU MADE THROUGH THE WEBSITE DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.

By visiting the Website you agree that the laws of the State of New York, without regard to principles of conflict of laws, and any applicable United States federal law, will govern your use of the Website, the interpretation of the Terms and Conditions of Use and any dispute of any sort relating to your use of, or purchases through, the Website that might arise between you and Hotter USA. Hotter USA makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they, or any of them, are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws.

Any dispute arising out of or relating in any way to your visits to the Website or to products or services you purchase through the Website shall be submitted to confidential arbitration before a single arbitrator in the County and State of New York, except that, to the extent you have in any manner violated or threatened to violate Hotter USA's intellectual property rights, Hotter USA may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction in the County and State of New York and you consent to jurisdiction over you by and exclusive venue in such a court. Arbitration under this agreement shall be administered by JAMS under the then prevailing JAMS Streamlined Arbitration Rules and Procedures. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitrator's award shall be given preclusive or collateral estoppel effect in subsequent arbitration proceedings pursuant to this provision or other similar provisions. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. The parties further agree that neither shall commence any litigation against the other arising out of this Agreement or the termination thereof as to any matter not subject to arbitration or with respect to any arbitration proceeding or award, except in a state or federal court of competent jurisdiction located in the County and State of New York. You consent to jurisdiction over you by and exclusive venue in such a court.

Except as expressly provided in a particular "Legal Notice" or text on a particular Web page of the Website, these Terms and Conditions of Use, including the terms and conditions of sale and the privacy policy, set forth the entire understanding and agreement between Hotter USA and you with respect to the subject matter hereof. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be modified only to the extent necessary to make it valid and enforceable and the remaining provisions shall be enforced. Hotter USA's failure to act with respect to a breach by you or others does not waive Hotter USA's right to act with respect to subsequent or similar breaches. You acknowledge that by submitting communications to Hotter USA, no confidential, fiduciary, contractually implied or other relationship is created between you and Hotter USA other than pursuant to these Terms and Conditions.

Hotter USA reserves the right to change the Terms and Conditions of Use from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Use posted on the Website at the time of such use. If Hotter USA changes these Terms and Conditions of Use, we will post an updated policy on the website. You can tell if the policy has changed by checking the last revision date that appears. If you have not read the Terms and Conditions since the date of the last change, please read the revised Terms and Conditions, as they will govern your use of the Website. Your continued use of this site after we post such notice will constitute your acceptance of the new Terms and Conditions.

If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website and/or the Content, or wish to contact us for any other reason, our contact information is as follows:

Mail Address: USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom
Telephone: Toll free 1 866 378 7811
Email: customerenquiries@hottercomfortshoes.com

By placing an order with Hotter USA, you agree that the Terms and Conditions in this Section II. of the Terms and Conditions of Website Use, as well as all applicable terms in Section I, apply to all aspects of your order. These Terms and Conditions are subject to change at any time without notice, however, the Terms and Conditions in effect when you place your order will govern that order. Later changes will apply to subsequent orders.

Please contact us before placing an order if you have any questions about these Terms and Conditions.

When you submit an order using the Website Hotter USA will follow the following procedures:

• A standard pre-authorisation check will be completed on your credit/debit card when you submit your order to ensure there are sufficient funds to fulfil your order. Your card will then be charged after your items have been selected from our warehouse and dispatched to your preferred delivery address.
• You will receive a prompt email from us confirming your order. This email does not constitute acceptance of your order.
• All orders are subject to acceptance and product availability. Your order will be considered accepted when the goods are shipped to you.
• We always aim to ship your order to you within 10 day of receipt.
• In periods of high demand certain items may not be available for immediate shipment even though they are marked "Available to order" If you order an item that is not in stock or backordered, we will so advise you and give you our best estimate of the time frame in which the item will be available. If the item is not expected to be available within thirty (30) days, we will ask you whether you want to maintain your order for the item or cancel it. Otherwise, we will ship the item as soon as available. If you wish to cancel your order for the item you, of course, may do so, in accordance with our cancellation policy set forth under "Order Cancellations" below.

You warrant that you are authorized to use the credit or debit card you are using to order from us and you have sufficient credit availability or funds. We will refer any fraudulent use of credit or debit cards to the relevant authorities for investigation and prosecution. You also warrant that all information provided in connection with placing your order is true and correct and that the goods you order are retail purchases and not for commercial resale.

If there are any changes to the information you supply concerning your order, including, but not limited to, your name or address, it is your responsibility to let us know as soon as possible to avoid misdirected orders.

We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy.

Shipping charges depend on the country the goods are to be dispatched to at the time you place your order. They are calculated at the time of checkout and added to the merchandise total. Shipping charges are non-refundable in the event of return of the merchandise.

We accept the following credit or debit cards: Visa, Mastercard, American Express. All credit or debit card payments are subject to validation checks and authorization by the card issuer. If the issuer refuses to authorize payment to us we will not be liable for any delay or non-delivery.

You may have to pay import duties or sales taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance, however, in the (hopefully, unlikely) event that you do incur US import duties or fees, then please provide us with proof of payment and the customs paperwork to show that the charges relate to your purchase, and we will gladly reimburse you.

You may cancel your order at any time up to the point when we begin to prepare your order for shipment. You may request cancellation by calling Toll Free on 1 866 378 7811 or by emailing us at customerservices@hottercomfortshoes.com. To cancel, please provide us with your name and address, your order identity number from your confirmation email and the products ordered. Where we notify you that items are backordered or will be delayed in delivery, your cancellation rights will be specified in our communications to you.
Please note: If you cancel an item that qualified you for a promotion or special discount, you may no longer receive that discount or promotion. This may result in goods which have already been shipped being charged at the price that would have applied if you had not initially ordered the cancelled item.

All merchandise purchased on the Website is subject to our "100% Happy Guarantee." If you are not satisfied for any reason you may return your purchase to us within ninety (90) days of receipt so long as it is in perfect condition and with its original packaging. Ship the returned items in accordance with the instructions included with your order. Returned goods are refunded within 30 days, less any applicable return shipping charge specified in the return instructions. The standard charge for return shipping is $7. Your original shipping charge is non-refundable. You may also exchange any item for a specified alternate item. Upon receipt of the exchanged item and confirmation of condition we will refund any net amount due you through the card used for the purchase or request authorisation to debit your card for any balance owing.

We make every effort to reproduce colors on the Website as accurately as possible, however, color displays can be different depending on your computer settings. Accordingly, exact color matches are not always possible and the color of the product you receive may differ from the color you saw on the screen. If you are not satisfied with the color of any product you may return it in accordance with our return procedures noted above.

The prices and other product information contained on the Website has been checked for accuracy; however, Hotter USA does not warrant that prices, product descriptions or other content on the Website is accurate, complete, reliable, current or error free, or assume responsibility for any errors or omissions. All prices on the Website are subject to change without notice. Although we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on the Website may be mis-priced. If a product is listed at an incorrect price due to typographical, photographic, or technical error, or error in pricing information received from our suppliers, Hotter USA shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.

Only one promotional offer may be used per order and promotional offers may be withdrawn at any time. Please note that products sold in our Factory Clearance section constitute promotional offers.

Footwear using GORE-TEX® membranes is 100% durably waterproof, breathable and designed to keep your feet dry and comfortable at all times. The pores in the membrane are small enough to stop any water getting into your shoes, but are large enough to let moisture escape. This technology provides the ideal climate comfort in the shoe during all kinds of outdoor activities, even in adverse weather conditions.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF PURCHASES AND SALES, AND SUBJECT TO APPLICABLE LAW, ALL GOODS ARE SOLD ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HOTTER USA, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUALITY OR THAT THE GOODS WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.

IN NO EVENT SHALL HOTTER USA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM ANY GOODS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOTTER USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN HOTTER USA'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100.00 OR (B) THE DOLLAR AMOUNT OF PURCHASES OF GOODS FROM HOTTER USA YOU MADE DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.

At Hotter USA we value our customers and respect your privacy. Accordingly, we want you to understand what information we collect about you, how we use it, and the safeguards we have in place to protect it. This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If our policy changes, we will post an updated policy on the Website. You can tell if the policy has changed by checking the revision date that appears above.

Table of Contents

• The Information We Collect
• Using the Information We Collect
• Information We Share with Others
• Safeguarding the Information We Collect
• Your Choices Regarding the Use of Information We Collect
• Postal Mail
• Emails
• Sharing with Other Companies
• Notice to California Residents - Your California Privacy Rights
• Updating your Contact Information
• Hotter USA Customers' Privacy
• Online Security
• Unauthorized Charges
• Cookies and Pixel Tags
• Aggregate Information
• Children's Privacy
• Links to Third-Party Sites
• Changes to this Policy

You can navigate directly to any of the above topics by clicking on it in the Table of Contents above.

When you place an order on the Website we obtain from you the information we need to complete your transaction and other information you share that may be useful and enhance your experience as a customer. This information may include your name, address, telephone number, email address, alternate delivery address, shoe size, date of birth, mailing preferences and information concerning your manner of payment, such as credit or debit card numbers and banking information.

If you register with Hotter USA, we will collect the information you submit on-line in connection with that process.

We may, from time to time, run promotions, programs, surveys, contests or sweepstakes on the Website. If you chose to participate in any of these events we may collect additional information about you in connection with that participation.

We may obtain information about the specific products or services you use, or your product or service preferences from your transactions and other interactions with us.

We also may sometimes obtain information from you about other people. For example, if you have an item shipped directly to a third party, we may obtain that party's name, address, telephone number and email address.

We may also collect consumer information from third-party providers to improve the accuracy of our customer database or increase our understanding of our customers. For example, we may contract with services such as the National Change of Address Service, licensed by the U.S. Postal Service, to assist us in having correct addresses for our customers.

We may combine some or all of the above information with information that we acquire about you from third parties or affiliates.

We may use the information we collect for various purposes, including:

• To process and fulfill your order, including to send you emails to confirm your order status and shipment
• To provide any services you request
• To respond to your customer service inquiries or requests
• To notify you of product recalls or provide other information concerning products you have purchased
• To help protect against fraudulent use of your personal information or protect the security or integrity of the Website and our business
• To send you our catalogs or other direct mail offerings
• To administer and fulfill our customer recognition programs, sweepstakes, contests and similar promotions
• To identify your product and service preferences to inform you of new or additional products, services, or promotions that might be of interest to you
• To analyze trends and statistics
• To invite you to participate in surveys
• To enhance your shopping experience in various ways, such as improving merchandise selections or customer service

We may share your personal information in the following ways:

• We may provide information to affiliated companies or to other companies that provide support services that help us bring you the products and services we offer, market our products and services, process your transactions, fulfill promotions, contests or sweepstakes, or conduct surveys.
• We may provide information to certain outside companies that may use the information to let you know about their products or services, which may include providing special offers to you, although we never disclose your payment details to such companies.
• We may be required to disclose information we collect pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We may also disclose that information when we believe disclosure is appropriate to protect the rights, interests and property of Hotter USA or others, and to protect the safety of customers, employees or others. This may include sharing information with other companies, attorneys, credit bureaus, agents or governmental agencies in connection with issues related to fraud, credit or debt collection.
• If the ownership of all or part of the business of Hotter USA, its parent or affiliates were to change, information about customers pertinent to that business's or business segment's operations might be transferred to, or licensed for use by, the new owner. Hotter USA might also retain some or all of the information. In addition, parties exploring a potential transaction described above that is not consummated might be granted access to some information for purposes of evaluation of the transaction pursuant to a suitable confidentiality agreement.

Protecting your personal information is important to us. Accordingly, we have appropriate and reasonable physical, technical and procedural safeguards in place to secure the personal information we collect from you. Among other security protection measures, we protect the information you provide us by:

• Placing your order through an advanced secure server which encrypts all the information you input before it is sent to us.
• Encrypting credit card numbers both before an order is processed and when stored on the database.

We also limit the information we provide to outside companies to only information we believe is appropriate to enable them to carry out their responsibilities under our contracts or to offer you their products and services.

You may use any of the following methods to advise us of choices you wish to make concerning use of information about you:

If you do not want to receive catalogues or other promotional mail (e.g., postcards) from Hotter USA, you may:

• write to us at USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom
• call Toll Free 1 866 378 7811
• email us at customerenquiries@hottercomfortshoes.com

If you have subscribed to receive promotional email offers and updates, you may unsubscribe at any time.

• You can click on the "unsubscribe" hyperlink shown in all Hotter USA email offers and follow the instructions
• You may also write to us at USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom
• call us Toll Free at 1 866 378 7811
• email us at customerenquiries@hottercomfortshoes.com

Please note that even if you opt out from promotional email offers and updates, information about your order status will continue to be provided via email when you purchase through the Website.

If you prefer that we NOT share information about you with any of the companies not affiliated with Hotter USA that we have authorized to contact you regarding their products or services, please let us know by:

• writing to us at USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom
• calling us Toll Free at 1 866 378 7811
• emailing us at customerenquiries@hottercomfortshoes.com

Under California Civil Code § 1798.83, a California resident with whom Hotter USA has an established relationship has the right to request certain information concerning the types of personal information Hotter USA has shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year (i.e., requests made in 2010 will receive information regarding information shared in 2009), subject to certain exceptions. All requests for such information must be in writing and sent by mail to: USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom or by email to: customerservices@hottercomfortshoes.com.

This same California law permits Hotter USA to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. You may exercise that choice by any of the means described under "Sharing with Other Companies" above.

You can update or correct your name, address, telephone number, email address or other information by logging into 'My Account' and making the relevant changes.

We use Secure Socket Layering (SSL) technology to encrypt (scramble) your credit or debit card information, including the account number, while it is transmitted over the Internet between your computer and our website servers. SSL is an industry standard technology for secure online transactions

If unauthorized charges (as determined by your card issuer) are made on your credit or debit card as a result of purchases made on the Website utilizing our secure servers, under the Fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50 of unauthorized charges on a credit card. Your liability for unauthorized use of a debit card may be higher, but many debit card issuers voluntarily apply the $50 limit to their cards as well. You need to determine for yourself whether your debit card issuer has such a policy.

It is important to remember that in the event of unauthorized use of your credit or debit card, you must promptly notify the card issuer pursuant to its reporting rules and procedures.

In common with many other websites, the Website uses "cookies" to allow us to understand how customers use the site and to enhance or personalize your browsing and shopping experience. A cookie is a small data file that can be stored on your computer. It allows a website to recognize users when they return to a site. Our online ordering system uses a cookie to record a unique reference on your computer so that we can keep track of your order and retain the contents in your shopping basket. Cookies help us to learn more about how frequently particular pages are visited and to determine the most popular areas of the Website, which will then help us to improve your shopping experience. We use cookies to monitor and facilitate usage of the Website. We also use cookies to help us target our marketing and to personalize your visit and make it more user-friendly, for example by allowing us to save your user name and/or password so that you do not have to re-enter this information on every visit from the same computer.

You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also disable cookies at any time. However, if you do not accept cookies or disable them, some features of the Website will not function properly and may not be available.

We may collect non-personal information about how users navigate through the Website. We may aggregate this information to improve our site, and we may share this information with our affiliates or other outside companies. This aggregated information does not include individual names or personal data, so it does not identify you or any other customer.

We do not knowingly collect personally identifiable information from children under the age of 13 on the Website.

For your convenience and information, the Website may include links to other sites operated by third-parties. Such linked sites have their own privacy policies, which may differ significantly from ours. Information you submit to linked sites is subject to the privacy policies of those sites, and Hotter USA is not responsible for the content or practices of any linked site. We recommend that you review the privacy policy of any site that you access through the Website.

We may change our privacy policy from time to time. If we change our privacy policy in the future, we will let you know by posting the updated policy at this website. We encourage you to check our policy periodically. You can tell if it has changed by checking the revision date that appears at the beginning of the policy. If you would like further information, or have any questions about our privacy policy:

• please write to us at USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom
• call us Toll Free at 1 866 378 7811
• email us at customerenquiries@hottercomfortshoes.com

© 2010 Hotter USA
All Rights Reserved.