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Please read this Agreement carefully. By accessing or using our Website, you agree to be bound by this Agreement and all of its terms without change. Neither FDO nor its representatives are engaged in rendering legal services or other such advice. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.
FDO and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website. FDO and its representatives cannot guarantee that the information on this Website is accurate, complete and up-to-date, and will not be responsible for any damage or loss related to, any inaccuracy, incompleteness, or lack of timeliness of the information or services on the Website.
This Site Does Not Provide Medical Advice
The contents of this Website, such as text, graphics, videos, images, information, and other material contained on the Website are for informational purposes only. This includes information on the blog portion of the Website. The content on this Website 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 care 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 this Website. Your use of this Website is not a substitute for professional medical advice from your physician or from Dr. Cynthia Oberholtzer-Classen.
If you think you may have a medical emergency, call your doctor or 911 immediately. FDO does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by FDO, its employees, others appearing on the website at the invitation of FDO or other visitors to the website is solely at your own risk.
Other Policies and Agreements
Your purchase and use of FDO products on the Website or otherwise is subject to any terms or policies posted on this Website from time to time including, without limitation, any warranties, shipping policies or return policies.
Via the Website, we may provide information, marketing material, and e-commerce services (the "Services and Information") relating to our products and services and an interface through which you may customize and purchase orthotics and other FDO products (“Products”). We grant you access to this Website during the term of this Agreement solely to receive the Services and Information and purchase Products. You may access, download, and print materials as necessary to receive the Services and Information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from this Website. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the Website without our prior written permission. You will comply with all privacy laws.
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As a condition of your use of this Website, you warrant to FDO that you will not use this Website for any purpose that is against the law or prohibited by this Agreement. If you violate any of these terms, your permission to use this Website automatically ends.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PRODUCTS, INFORMATION AND SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. SUBJECT TO THE APPLICABLE FDO LIMITED WARRANTY FOR FDO PRODUCTS, THE WEBSITE AND OUR PRODUCTS, INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FDO AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FDO AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY PRODUCTS, INFORMATION OR SERVICES PROVIDED ON THE WEBSITE; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES AND INFORMATION. IN NO EVENT WILL THE MAXIMUM LIABILITY TO YOU OF FDO, ITS AFFILIATES AND SUBSIDIARIES EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT PRODUCTS OR $100, WHICHEVER IS GREATER. THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE APPLICABLE FDO LIMITED WARRANTY. THIS LIMITATION OF LIABILITY APPLIES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Should you submit to FDO any feedback, questions, comments, suggestions, or the like, in whatever form, regarding the content of this Website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. You hereby grant us a license for such use.
We may make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Website will be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Website or the Products, Services and Information provided on the Website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Colorado law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, FDO retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FDO retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. FDO AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This binding arbitration provision and class action waiver does not apply outside of the United States.
This Website is intended to reach residents of the United States, and all advertising claims contained in this Website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Website will be governed by and construed in accordance with the laws of Colorado, without giving effect to any principles of conflicts of law. Failure by FDO to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. Subject to the above arbitration provision and class action waiver, any legal action or proceeding between FDO and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Colorado, County of Arapahoe. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights than those provided in this Agreement, or some provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
The FoodDoctors Orthotics logo and other logos, product and service names are trademarks and service marks owned by or licensed to FDO or its affiliates (the “Marks”). Without the prior written permission of FDO, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
Effective Date: October 1, 2017