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Terms & Conditions

Terms and Conditions of Site Use

Posted: 06/01/2010

Welcome to FootSourceMD's website, and thank you for taking the time to read these Terms and Conditions of Site Use, which apply to your use of the FootSourceMD.com website ("Site")

Use of Site. By use of the Site, you agree to all of the terms, conditions, and notices contained or referenced in this Site (the "Terms and Conditions") and to comply with all applicable laws, regulations, standards, and codes. If you do not agree to these Terms and Conditions, do not use this Site. FootSourceMD reserves the right to update or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Site. When a change to the Terms and Conditions is made, the date of the new terms will be indicated by a change in the "POSTED" date noted at the top of these Terms and Conditions. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

By accepting these Terms and Conditions through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. Children under the age of 13 may not use this Site. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Copyright. The content of this Site is protected by copyright. Except as where otherwise expressly permitted, you may not copy, distribute, or create derivative works from any part of this Site (including its graphics, pictorial matter, and text) without the prior written consent of FootSourceMD.

Trademarks. The names, logos, designs, titles, words, or phrases within this Site such as FootSourceMD, and any FootSourceMD design logo are trademarks, service marks, or tradenames of FootSourceMD and may not be used without the prior written permission of FootSourceMD. FootSourceMD claims no interest in marks owned by other entities not affiliated with FootSourceMD which may appear on this Site.

No Confidentiality. Should you respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of this Site, the content of any such response shall be deemed not to be confidential and FootSourceMD shall be free to reproduce, use, disclose, and distribute the response to others without limitation or compensation, including for use in developing, manufacturing, and marketing products and services incorporating any of the ideas, concepts, or techniques referred to in the response, communication, or submission, provided that, with respect to such responses, FootSourceMD will always comply with its Privacy Policy posted on this Site.

No Links; No Endorsement. FootSourceMD does not endorse, sponsor, or recommend any ideas, products, or services by a third party who has linked to this Site. Any links from the Site to third party websites from this Site are not necessarily an endorsement, sponsorship, or recommendation of the third parties or the third parties' ideas, products, or services. You are responsible for complying with the relevant terms of use for any third party website you visit. Linked-to third party sites are not under our control and we disclaim any liability for any content on any third party website which may be linked to or from our Site at any time.

No Guaranty of International Service or Compliance. This Site may be viewed internationally and may refer to FootSourceMD's services and programs that are not available in your country or state. These references do not imply that FootSourceMD intends to provide those services or programs in your country or state. You are responsible for compliance with all laws applicable to you and the location from which the Site is accessed or viewed.

No Guaranty of Accuracy. The content on the Site has been prepared solely for the purpose of providing you with information about FootSourceMD and the products we offer. While we make every effort to ensure that the content on our Site is up to date and accurate, we do not represent or warrant that content displayed on the Site, or content submitted by you or your physician to the Site, is up to date and accurate at all times.

DISCLAIMER OF WARRANTIES. FootSourceMD HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE CONTENT OF THIS SITE, PRODUCTS SOLD IN ASSOCIATION WITH THIS SITE, OR INFORMATION RECEIVED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE MATERIAL IN THIS SITE IS PROVIDED "AS IS," WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS SITE IS NOT A WARRANTY AS TO ANY SERVICE PROVIDED BY FootSourceMD OR ITS SUBSIDIARIES, AFFILIATES, COMPANIES, OR RELATED ENTITIES.

LIMITATION OF LIABILITY. FootSourceMD IS NOT LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THIS SITE. IN NO EVENT WILL FootSourceMD BE LIABLE FOR ANY DAMAGES CAUSED BY OR IN CONNECTION WITH USE OF THIS SITE OR USE OF ANY SITE LINKED TO THIS SITE. UNDER NO CIRCUMSTANCES SHALL FootSourceMD BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FootSourceMD HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE.

INDEMNITY. You agree to indemnify FootSourceMD and its officers and employees against all costs, expenses, and damages FootSourceMD may incur in connection with any claim a third party may bring against FootSourceMD arising from your use of the Site, a breach of these Terms and Conditions, or a violation of any rights of another party.

Jurisdiction and Venue. You and FootSourceMD agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and FootSourceMD also agree and hereby submit to the exclusive personal jurisdiction and venue of the state of Ohio with respect to such matters.

Password Protected Access. Certain pages of the Site are restricted to access only by users with passwords. By accessing the information available through the password-protected pages, you agree to keep all information therein CONFIDENTIAL. The information accessible in those pages is STRICTLY CONFIDENTIAL. You are not authorized to share confidential information on this Site except as otherwise expressly allowed in accordance with these Terms and Conditions or other applicable agreements.

Entire Agreement. These Terms and Conditions constitute the entire agreement between you and FootSourceMD with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and FootSourceMD with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

Copyright © 2010 FootSourceMD, LLC. All Rights Reserved.

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