Website and ASP Usage Terms and Conditions
ALL MATERIALS ON THIS SITE COPYRIGHT © 2015 Footlife, LLC. ALL RIGHTS RESERVED.
This Website (this “Website”) is provided Footlife, LLC, a Pennsylvania limited liability company, located at 201 Blue Spruce Way Murrysville, PA 15668 (“Footlife”). Your access to, and use of, this Website confirms your understanding and agreement with the terms and conditions contained in this document. These terms and conditions are not permitted to be modified by any Footlife representatives except in a physical writing physically signed by both parties. The term “you” (including, but not limited to, formatives thereof, such as “your”, and “yours”) means you, the person accessing this document, as well as any persons accessing or using this Website under your control, supervision, equipment, connection and/or authority. The term “Website” includes but is not limited to all functionality and content arising from or related to this Website, including, but not limited to, any ordering and purchasing facilities. Certain Website functionality may be identified in this Agreement that is not yet provided by Footlife, but shall be applicable if and to any extent provided in the future.
You acknowledge that this Agreement is the final, complete and exclusive statement of the entire agreement between Footlife and you. This Agreement supersedes any prior and contemporaneous: proposals, purchase orders, advertisements, representations, and all other communications regarding the subject matter of this Agreement, whether oral or written. No terms or conditions, other than those contained in this Agreement, and no other agreement or understanding which in any way modifies or changes the terms and conditions hereof, shall be binding unless executed in writing by the parties for such purpose.
You represent and warrant that: (i) you guarantee the usage arising from, related to or through this Website, including, but not limited to, any usage by your staff, associates, family or others to the same extent as if you performed the actions performed by any of the foregoing; (ii) you shall indemnify and hold Footlife harmless in the event that this Website is used in any unauthorized manner; (iii) you shall not bypass or otherwise attempt to bypass any restrictions or passwords associated with this Website or content accessed or used by or through this Website; (iv) this Website shall be used only for lawful purposes, and it shall not be used as a means to commit or attempt to commit a crime, tort, invasion of privacy, harassment, breach of contract or other unlawful activity; (v) you are at least eighteen (18) years of age; (vi) you are permitted to have access to materials that may be considered offensive, violent, inappropriate or adult in nature, and you hereby agree to indemnify and hold Footlife harmless for such access; (vii) you are solely responsible for all hardware and software necessary for your access this Website; (viii) this Website shall not be used, directly or indirectly, for the purpose of “spamming” or otherwise sending unsolicited mass transmissions or multiple postings in a manner which, in Footlife’s sole discretion, is abusive, offensive, and inappropriate; (ix) all commentary by you in any public forum shall use decorum, not release confidential information or impune any reputation, subject to removal as determined by Footlife in Footlife’s sole discretion; (x) you are solely responsible full compliance with all applicable statutes, regulations, ordinances and other laws that govern the direct, indirect or downstream use or intended use of this Website. Without limiting the generality of the foregoing, in connection with your use of this Website, you agree you will not:
a) transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity; b) impersonate any person or entity, including but not limited to, a Footlife official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity; c) post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) post or transmit any Material that contains a virus, harmful or corrupted data; e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; f) use this Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; h) violate any applicable local, state, national or international law; i) upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or j) delete or revise any Material posted by any other person or entity; k) advertise competing products or services; l) use all or any part of the text, pictures, structure or content of the Website.
Access by Footlife.
You agree that Footlife has the right to collect data regarding your use of this Website electronically, and to disclose any information as necessary to satisfy any law, regulation or other governmental request (including, but not limited to, whether informal requests of authorities, or formal requests, such as legal process, subpoena, search warrant or court order), to operate the system properly, to protect itself or its subscribers, or otherwise. You shall indemnify and hold Footlife harmless from such collection and disclosure. Without limiting the foregoing, you consent to Footlife’s use and/or transfer of anonymous data that does not contain personal identification data. Footlife reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or are believed to be in violation hereof. You hereby authorize Footlife, and hereby appoint Footlife, as your attorney-in-fact to take any action necessary or appropriate to comply with any statutes, regulations, ordinances or other laws, user policies and/or industry-standard organizational or governing bodies, including, but not limited to the ICANN and its successor(s), and hereby release Footlife from liability for any such acts.
Except for certain products and services for which Footlife is expressly and specifically identified by Footlife as being itself the author, manufacturer, or authorized representative, all merchandise, content, information and services offered or made available or accessible on the Internet or use of this Website are so offered or made available or accessible by third parties (“Third-Party Materials”). Footlife makes no endorsements, representations and/or warranties regarding Third-Party Materials. You understand that the Internet contains materials which may be considered to be explicit and/or may be offensive (“Explicit and Offensive Materials”). You guarantee that your access to Explicit and Offensive Materials at your own risk. You are solely responsible to “block” or otherwise prevent inappropriate access or content.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, AND THE CONTENT AND/OR PRODUCTS OR SERVICES INCLUDED ON TO ACQUIRED BY OR THROUGH THIS WEBSITE. BECAUSE FOOTLIFE MAY RESELL A PRODUCT DOES NOT MEAN THAT FOOTLIFE IS RESPONSIBLE FOR THE PRODUCT: FOOTLIFE’S WARRANTY, IF ANY, IS STATED AT THE POINT OF SALE/TRANSFER; YOU MAY HAVE A WARRANTY DIRECTLY WITH THE MANUFACTURER. FOOTLIFE MAY HAVE HYPERLINKS TO OTHER LOCATIONS, SUCH AS WEBSITES; HOWEVER, FOOTLIFE DOES NOT ENDORSE OR BEAR RESPONSIBILITY FOR ANYTHING YOU MAY OBTAIN ARISING FROM, IN CONNECTION WITH OR RELATED TO SUCH LOCATIONS.
THIS WEBSITE AND ANY INFORMATION AND/OR MERCHANDISE CREATED, ACCESSED AND/OR OBTAINED THEREBY (INCLUDING, BUT NOT LIMITED TO, “THIRD-PARTY MATERIALS” AND “EXPLICIT AND OFFENSIVE MATERIALS”), ARE RECEIVED AND/ARE USED BY YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Notwithstanding anything herein to the contrary: i) Footlife does not represent or warrant the successful delivery of any electronic mail, or that such electronic mail will remain private or in its original form or format; ii) Footlife reserves the right, and Footlife is hereby specifically and expressly authorized by you, to delete, to archive or to otherwise remove information and/or data of any nature from access and/or use from anyone, including, but not limited to, you, if any claim is made that there is a direct or indirect improper use of this Website, and Footlife shall have no duty to investigate the merits of any such claim prior to taking such action. Footlife necessarily uses the services of third-party vendors, including, but not limited to, telecommunication companies. The terms of this Agreement are necessarily subject to and limited to the terms and conditions of Footlife agreements with such third-party vendors. You assume the risk that that access may be permanently or temporarily suspended, terminated, or otherwise adjusted, with or without notice, in the event that your use is unacceptable at any time by such third-party vendors.
NEITHER FOOTLIFE NOR ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER ARISING FROM, RELATED TO OR IN CONNECTION WITH THIS WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH THIS WEBSITE OR OTHERWISE ON THE INTERNET. NEITHER FOOTLIFE NOR ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES WARRANT THAT: A) ACCESS TO THIS WEBSITE OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE; B) THAT A CONNECTION CAN OR WILL BE ESTABLISHED; C) THAT INFORMATION OR DATA OF ANY NATURE WILL REMAIN PRIVATE EXCEPT FOR CONFIDENTIAL PERSONAL IDENTITY INFORMATION; OR D) THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE BY OR THROUGH THIS WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Footlife NECESSARILY USES THE SERVICES OF THIRD-PARTY VENDORS, INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATION COMPANIES. THE TERMS HEREOF ARE NECESSARILY SUBJECT TO AND LIMITED TO THE TERMS AND CONDITIONS OF FOOTLIFE AGREEMENTS WITH SUCH THIRD-PARTY VENDORS. YOU ASSUME THE RISK THAT YOUR USE OF THIS WEBSITE MAY BE TERMINATED OR OTHERWISE ADJUSTED, WITHOUT NOTICE, IN THE EVENT THAT SUCH USE IS UNACCEPTABLE AT ANY TIME BY SUCH THIRD-PARTY VENDORS.
UNDER NO CIRCUMSTANCES SHALL FOOTLIFE, THE COMPANY, OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY INCLUDING, BUT NOT LIMITED TO, FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THIS WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. YOU HEREBY INDEMNIFY FOOTLIFE, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES FROM AND AGAINST ALL ACTIONS, CLAIMS, SUITS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE AND/OR ACCESS TO THE INTERNET. IN NO EVENT SHALL FOOTLIFE’S MAXIMUM LIABILITY EXCEED ANY FEE ACTUALLY PAID BY YOU FOR THIRTY (30) DAYS OF USE OF AND ACCESS TO THIS WEBSITE OR THE FEE FOR THE LICENSE, WHICHEVER IS LESS. NEITHER PARTY SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS DUE TO CAUSES WHICH ARE BEYOND THEIR CONTROL AND OF A NATURE WHICH NEITHER HAS THE AUTHORITY OR POWER TO REMEDY. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL FOOTLIFE’S LIABILITY BE GREATER THAN THE COST OF ANY FEE PAID FOR THE PRODUCT OR SERVICE AT ISSUE.
Do Not Rely on Articles for Advice; Services/Prices Subject to Change.
THIS WEBSITE MAY CONTAIN INFORMATION REGARDING HEALTH, SAFETY AND OTHER MEDICAL-RELATED ISSUES; FOOTLIFE PROVIDES ANY SUCH INFORMATION FOR YOUR GENERAL INFORMATION AND NOT TO ADVISE YOU. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE TO VET AND OTHERWISE TO VERIFY THE ACCURACY OF SUCH INFORMATION, INCLUDING AS IT MAY RELATE TO YOUR CIRCUMSTANCES. FOOTLIFE IS NOT YOUR MEDICAL ADVISOR AND PROVIDES INFORMATION COLLECTED FROM VARIOUS LOCATIONS THE ACCURACY OF WHICH MAY NOT HAVE BEEN VERIFIED. YOU AGREE TO USE ALL INFORMATION “WITH ALL FAULTS” AND YOU “ASSUME ALL RISKS” REGARDING ALL INFORMATION, PRODUCTS AND SERVICES ARISING FROM, RELATED TO AND IN CONNECTION WITH THIS WEBSITE.
Any articles or information, including, but not limited to, those explaining commercial issues, technical issues, medical or legal issues or other subject matter are introductions only and not intended to contain advice upon which you may or should rely. Such materials are not intended to replace the advice of a properly engaged qualified professional who has examined your particular circumstances. Footlife makes no representation that articles provided by or through this Website remain accurate, up-to-date, or are appropriate for your situation. Any services and prices identified on or through this Website are subject to change without notice; some products and services are not available in all areas. Footlife does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed by use of by or through this Website.
Trademarks; Service Marks; Copyright.
“Footlife” and the Footlife logo(s), are trademarks and/or service marks of Footlife. All other references are marks of their respective owners and bear no relationship to Footlife. This Website, and its content, is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this Website, including, but not limited to, pictures and graphic images, without the prior written permission of Footlife. Except for personal identity data, anything sent to Footlife arising from your use of this Website may be used without liability and for any purpose without compensation or attribution to you or the sender and Footlife may reproduce, sublicense, transfer, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation; this includes but is not limited to any information (including, without limitation, ideas contained therein for new or improved products and services) you submit to or through this Website (including, but not limited to, bulletin boards, forums and newsgroups) or by e-mail by all means and in any media now known or hereafter developed. You grant to Footlife the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse for any alleged or actual infringement or misappropriation of any proprietary right in your communications to this Website. Domestic and international copyright and trademark laws protect the entire contents of this Website. YOU MAY NOT MODIFY, DECOMPILE, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
No Endorsement; No Opinion of Quality; Privacy.
Reference to any client, specific or general commercial products, process whatsoever, or any of the foregoing by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or preference by Footlife. Any views, statements and opinions expressed herein, by Footlife or users of this Website, do not necessarily state or reflect those of Footlife, and shall not be used for advertising or product endorsement purposes. You waive any right to privacy in and to the information which you convey by or through this Website, except for personal identity information. You consent to monitoring of this use by system or security personnel. No representation or warranty is made that message intended to be delivered by or through this system will be private or delivered to the proper party.
This document and all issues arising from or related to your use of this Website shall be governed and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania. You agree that any legal action or proceeding between Footlife and/or you for any purpose concerning this document or your use of, or access to, this Website, or the rights/obligations hereunder, shall be brought exclusively in the Commonwealth of Pennsylvania, venue of Westmoreland County. You consent to the personal jurisdiction of the Commonwealth of Pennsylvania.
Any cause of action or claim you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises, or such claims or cause of action shall be barred. Footlife’s failure to insist upon or enforce strict performance of any provision of this document shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision hereof. Footlife may assign its rights and duties hereunder to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
Any and all disputes arising from, related to or in connection with this document with an averred claimed amount exceeding ten thousand dollars ($10,000): i) shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; ii) if the averred claim is less than twenty thousand dollars ($20,000) there shall be one (1) arbitrator; otherwise there shall be three (3) arbitrators; iii) the arbitrator(s) shall be appointed in accordance the AAA Commercial Rules from a AAA panel of arbitrators each of whom regularly represents commercial enterprises; and iv) the Arbitrator(s) shall have no authority to award punitive or exemplary damages but may award temporary or permanent equitable relief. All disputes required to be resolved by binding arbitration shall be considered private and confidential and neither party shall issue press releases or otherwise disclose information regarding the same; provided, that a party may publicly respond to any prior disclosure made by the other party in breach of this provision.
Footlife developed the Website exclusively at private expense, and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Licensed Software clause at DFARS 252.227-7013.
Contact firstname.lastname@example.org for issues regarding this Website.
Changes to this Website Terms and Conditions