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TERMS
OF USE
Welcome
to FootMenders.com. Foot Menders provides its services to you on
the site FootMenders.com subject to the following notices, terms,
and conditions. If you visit or shop at our site FootMenders.com
you accept these conditions. Please read them carefully.
THE
SITE DOES NOT PROVIDE MEDICAL ADVICE.
The
contents of the FootMenders.com Site, such as text, graphics, images,
information obtained from Foot Menders' licensors, and other material
("Content") contained on the FootMenders.com Site 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.
Never disregard professional medical advice or delay in seeking
it because of something you have read on the Foot Menders Site!
If
you think you may have a medical emergency, call your doctor, emergency
medical services or a hospital immediately. Foot Menders is a commercial
site and may used as a shopping and selling, resource. Reliance
on any information provided by Foot Menders, Foot Menders employees,
others appearing on the Site at the invitation of Foot Menders,
or other visitors to the Site is solely at your own risk.
USE
OF SITE
The
use of the Foot Menders Site and the Content is at your own risk.
When
using the Foot Menders Site, information is transmitted over a medium
beyond the control and jurisdiction of Foot Menders and its suppliers.
Accordingly, Foot Menders assumes no liability for or relating to
the delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Foot Menders
Site.
This
site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any purpose that
is not expressly permitted by Foot Menders. Foot Menders and its
affiliates reserve the right to refuse service, terminate accounts,
and/or cancel orders in its discretion, including, without limitation,
if Foot Menders believes that customer conduct violates applicable
law or is harmful to the interests of Foot Menders and its affiliates.
Please see copyright and use of content section below.
COPYRIGHT
AND USE OF CONTENT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, and software, is the property
of Foot Menders or its content suppliers, if any, and protected
by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all content on this
site is the exclusive property of Foot Menders and protected by
U.S. and international copyright laws. All software used on this
site is the property of Foot Menders or its software suppliers and
protected by U.S. and international copyright laws. The content
and software on this site may be used as a shopping and selling,
resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance,
of the Content on this site is strictly prohibited except for the
following use of content provisions. Foot Menders authorizes you
to view or download a single copy of a page or portion of the Content
on the FootMenders.com Site solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright
(c) 1999 - 2000, Foot Menders. All rights reserved" and any
other copyright and proprietary rights notices, if any, which were
contained in the content. Special rules for the use of certain software
and other items provided on the Foot Menders Site, if any, may be
included elsewhere within the Site and are incorporated into these
Terms of Use by reference.
Title
to the Content remains with Foot Menders or its licensors. Any use
of the Content not expressly permitted by these Terms of Use is
a breach of these Terms of Use and may violate copyright, trademark,
and other laws. Content and features are subject to change or termination
without notice in the editorial discretion of Foot Menders. All
rights not expressly granted herein are reserved to Foot Menders
and its licensors.
If
you violate any of these Terms of Use, your permission to use the
Content automatically terminates and you must immediately destroy
any copies you have made of any portion of the Content.
TRADEMARKS
FOOT MENDERS and the STYLIZED FOOT LOGO are registered trademarks
of Foot Menders in the United States. Foot Menders' trademarks may
not be used in connection with any product or service that is not
Foot Menders, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Foot Menders.
All other trademarks not owned by Foot Menders or its affiliates
that appear on this site, it any, are the property of their respective
owners, who may or may not be affiliated with, connected to, or
sponsored by Foot Menders.
REVIEWS
AND COMMENTS
Foot Menders may enable visitors to its site to post reviews, comments,
or other content to the site. If you post reviews, comments, or
other content on the site, you grant Foot Menders and its affiliates
a non-exclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such reviews,
comments, or other content throughout the world in any media. You
also grant Foot Menders and its affiliates and sublicensees the
right to use the name that you submit with any review, comment,
or other content, if any, in connection with such review, comment,
or other content. You represent and warrant that you own or otherwise
control all of the rights to the reviews, comments and other content
that you post on this site and that use of your reviews, comments,
or other content by Foot Menders and its affiliates will not infringe
upon or violate the rights of any third party.
ADVERTISEMENTS
AND LINKS TO OTHER SITES.
Foot
Menders does not endorse the content on any third-party websites.
Foot Menders is not responsible for the content of linked third-party
sites, sites framed within the Foot Menders Site, 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. Foot Menders does not accept any third-party advertising
on the Foot Menders Site.
PRODUCT
DESCRIPTIONS
Foot
Menders and its affiliates attempt to be as accurate as possible.
However, Foot Menders does not warrant that product descriptions
or other content of this site is accurate, complete, reliable, current,
or error-free. If a product offered by Foot Menders itself is not
as described, your sole remedy is to return it in unused condition.
RISK
OF LOSS
All items purchased from Foot Menders are made pursuant to a shipment
contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
DISCLAIMER
THIS SITE IS PROVIDED BY FOOT MENDERS ON AN "AS IS" BASIS.
FOOT MENDERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, FOOT MENDERS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOOT MENDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
FOOT
MENDERS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM FOOTMENDERS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FOOT MENDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNITY.
You
agree to defend, indemnify, and hold Foot Menders, 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 of Use.
APPLICABLE
LAW
This site is created and controlled by Foot Menders in the State
of Pennsylvania, USA. As such, the laws of the State of Pennsylvania
will govern these disclaimers, terms, and conditions, without giving
effect to any principles of conflicts of laws. You expressly consent
to the exercise of personal jurisdiction in the courts of the State
of Pennsylvania in connection with any dispute including any claim
involving Foot Menders or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and
content providers.
GENERAL.
Foot
Menders is based in Pittsburgh, Pennsylvania, in the United States
of America. Foot Menders makes no claims that the Content is 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 Foot Menders Site from outside the United States,
you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
If
any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver
of any of these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
The
following provisions survive the expiration or termination of these
Terms of Use for any reason whatsoever: Disclaimer, Reviews and
Comments, Indemnity, Applicable Law, and Complete Agreement.
We
reserve the right to make changes to our site and these disclaimers,
terms, and conditions at any time.
COMPLETE
AGREEMENT.
Except
as expressly provided in a particular "legal notice" on
the Foot Menders Site, these Terms of Use constitute the entire
agreement between you and Foot Menders with respect to the use of
the Foot Menders Site, and Content. Your use of the Foot Menders
Site is also subject to the Foot Menders Privacy Policy.
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