Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

Orthofeet, Inc. ("Orthofeet") may revise and update these Terms and Conditions at any time. Your continued usage of the Orthofeet website ("Orthofeet Site," or the "Site,") will mean you accept those changes.

 

 

The Site Does Not Provide Medical Advice

 

The contents of the Orthofeet Site, such as text, graphics, images, information obtained from Orthofeet's licensors, and other material contained on the Orthofeet Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

 

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. And, do not disregard professional medical advice or delay in seeking it because of something you have read on the Orthofeet Site.

 

Please recognize that reliance on any information provided by Orthofeet, Orthofeet employees, others appearing on the Site at the invitation of Orthofeet, or other visitors to the Site is solely at your own risk.

 

 

Use of Content

 

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Orthofeet or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Orthofeet. All rights not expressly granted herein are reserved to Orthofeet and its licensors.

 

 

Accuracy of Information

 

We make reasonable effort to ensure information on the Orthofeet Site is complete, accurate, and current. However, information on the Site may occasionally contain incomplete data or inaccuracies. We frequently update merchandise offered and cannot guarantee availability. When an item is no longer in stock, we will take reasonable steps to remove that item from the Site or otherwise indicate that the item is no longer available.

 

Orthofeet reserves the right to update, limit, or cancel orders without reason or prior notice, including after you have submitted your order. In the event we make a change to or cancel an order, we will attempt to notify you by using the contact information provided on the order. If any item within an order is canceled, we will issue a full refund of the canceled items.

 

 

Liability of Orthofeet and Its Licensors

 

The use of the Orthofeet Site and the Content is at your own risk.

 

The Orthofeet Site and the content are provided on an "as is" basis. ORTHOFEET, ITS LICENSORS, AND ITS VENDORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

 

In no event shall Orthofeet, its licensors, its vendors, or any third parties mentioned on the Orthofeet Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Orthofeet Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Orthofeet, its licensors, its suppliers, or any third parties mentioned on the Orthofeet Site are advised of the possibility of such damages.

 

 

User Submissions

 

The personal information you submit to Orthofeet is governed by Orthofeet's Privacy Policy. In the event of any inconsistency between this Agreement and Orthofeet's Privacy Policy, this Agreement shall govern.

 

The Site contains functionality (including blogs, message boards, Ask Our Expert postings, etc.) that allows users to upload content to the Site (collectively "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

 

If you make any such submission you agree that you will not send or transmit to Orthofeet by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Orthofeet by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Orthofeet by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Orthofeet a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, publish, distribute, perform, and/or display the communication or content in any media or medium, or any form or forum now known or hereafter developed. Orthofeet may sublicense its rights through multiple tiers of sublicenses.

 

 

User Submissions — Image, Video, Audio Files

 

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Uploading media like images or video of other people without their permission is strictly prohibited.

 

By uploading any media on the Orthofeet site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.

 

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or other Orthofeet policies.

 

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

 

By uploading any media like a photo or video, (a) you grant to Orthofeet a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, post, transmit, publish and/or distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Orthofeet to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Orthofeet and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

 

Orthofeet reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

 

 

Orthofeet Community and Member to Member Areas ("Public Areas")

 

 

If you use a Public Area, such as message boards, blogs, Ask Our Expert, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.

 

Orthofeet and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

 

If you think you may have a medical emergency, call your doctor or 911 immediately.

 

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

 

 

• Using a Public Area for any purpose in violation of local, state, national, or international laws;
• Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Orthofeet in its sole discretion;
• Posting advertisements or solicitations of business;
• Disrupting the dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
• Allowing any other person or entity to use your identification for posting or viewing comments; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Orthofeet, exposes Orthofeet or any of its customers or suppliers to any liability or detriment of any type.

 

Orthofeet Reserves the Right (but is Not Obligated) to do any or all of the following:

 

• Record the dialogue in public chat rooms.
• Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communications.
• Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
• Terminate a user's access to any or all Public Areas and/or the Orthofeet Site upon any breach of these Terms and Conditions.
• Monitor, edit, or disclose any communication in the Public Areas.
• Edit or delete any communication(s) posted on the Orthofeet Site, regardless of whether such communication(s) violate these standards.

 

Orthofeet or its licensors have no liability or responsibility to users of the Orthofeet Site or any other person or entity for performance or nonperformance of the aforementioned activities.

 

 

Advertisements, Searches, and Links to Other Sites

 

Orthofeet may provide links to third-party web sites. Orthofeet also may select certain sites as priority responses to search terms you enter and Orthofeet may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Orthofeet does not recommend and does not endorse the content on any third-party websites. Orthofeet is not responsible for the content of linked third-party sites, sites framed within the Orthofeet Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

 

Indemnity

 

You agree to defend, indemnify, and hold Orthofeet, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

 

General

 

Orthofeet is based in New Jersey in the United States of America with principal offices in that state. Orthofeet makes no claims that Orthofeet and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Orthofeet Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

 

Jurisdiction

 

You expressly agree that exclusive jurisdiction for any dispute with Orthofeet, or in any way relating to your use of the Orthofeet Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Orthofeet or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

 

These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

We hope you find the Orthofeet.com Site helpful and convenient to use.

 

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to: customerservice@orthofeet.com.

 

We try to answer every email in a timely manner but due to volume may not always be able to do so.