ORTHOTIC SHOP LLC
Web Site Terms and Conditions of Use
This Web site (" Site ") is owned and operated by the Orthotic Shop LLC (" OS"). Please feel free to browse this Site; however, your access to and use of this Site is subject to the following terms and conditions (" Terms and Conditions ") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions. Please note that if you visit other Web sites or Web pages (or access any services) owned or operated by OS that require you to agree to additional terms and conditions, you will be bound to the terms and conditions of such additional agreements, and the terms and conditions of such additional agreements will govern your use of such Web sites, Web pages and services in the event of any conflict, inconsistency or ambiguity with respect to the following Terms and Conditions.
TERMS AND CONDITIONS
0. Returns & Exchanges
Emailing us at [email protected] is the fastest way to return or exchange an item.
All Returns or Exchanges must occur within 30 days upon receipt of the finished order. All shipping costs are incurred by the customer. The first pair of Orthotics are Guaranteed to fit. If they don't fit right, we will make you a new pair of orthotics free of charge (except shipping) provided you send us the first pair back. If you are still unsatisfied with the orthotics, you can return them and we will refund your total before shipping. Note:
If the Orthotic's Lab makes an error in the fabrication of an order, or there is a defect in materials or workmanship, we will replace the defective orthotic at no charge for the insole or shipping to the customer. The defective orthotic still must be returned to us, or we will charge for the replacement. If the customer chooses not to have a replacement orthotic made, a credit in full will be issued to their account when the defective pair is returned.
If the customer makes an error or provides incorrect order information, a credit will be issued less a $35.00/pair* material charge. Customer error includes:
Incorrect impression technique or approach, which includes
A shallow impression
A distorted impression
Incorrect size requested
Incorrect density ordered
Incorrect top cover ordered
Incorrect adjustment requests (including thickness)
Failure to note specific orthotic sanding preference.
Width problem due to incorrect sizing of blank to shoe, missing insole trace
Other Shoes/Items - shoes & other items can be exchanged if they don't fit right, provided they are still in new condition. If you are not satisfied with the item you can return it in 'new' condition and we will refund your purchase price, minus shipping costs. Please contact us before returning any shoes/other item as we may need to issue a return authorization number to you. Exchanges / returns on items shipped free or items sent back without a return form may be subject to a restocking fee of no more than 10%.
1. Restrictions on Use of Materials.
This Site contains material that is protected by international copyright and trademark laws. No material (including, without limitation, the text, images, audio and video) and no software (including, without limitation, any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the " Materials ") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that, unless otherwise specified on the Site with respect to particular Materials, you may download and print one (1) copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep completely intact and unmodified all copyright and other proprietary notices. Modification or use of the Materials for any other purpose is a violation of OS's (or other sources') copyright, trademark and other proprietary rights. The use of Materials on any other Web site or networked computer environment is prohibited without OS's express written consent. OS's name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of OS and its affiliates. You are not authorized to use any OS name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of OS. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Web site is strictly prohibited. OS reserves all legal rights and remedies available to it.
2. Limitation of Liability and Disclaimer of Warranty.
Your use and browsing of this Site are at your risk. If you are dissatisfied with any of the Materials contained in this Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site. OS assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the Materials contained on this Site. OS also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any Materials from this Site.
NEITHER OS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
OS's privacy statement may be viewed at privacy ("Privacy Statement"). The Privacy Statement is referenced by, incorporated into and subject to these Terms and Conditions.
4. Links to Third Party Materials.
OS may provide links (" Links ") to Internet Web sites maintained by third parties. All Links to other Web sites found on the Site are publicly available on the World Wide Web and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of OS, and the owners of such Links are not affiliated with OS and do not sponsor or endorse this Site. OS has neither tested nor verified the content, accuracy, or opinions expressed on any Links on the Site and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using any Links to third-party Web sites.
You agree to defend, indemnify and hold OS and its directors, officers and employees harmless from and against any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to this Agreement or your access to, and use of, this Site.
6. Governing Law; Jurisdiction; Venue.
These Terms and Conditions shall be construed solely in accordance within the internal laws of the State of Michigan, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to these Terms and Conditions and your access to and use of the Site may only be brought in a court of competent jurisdiction in Macomb County Michigan, or in the U.S. District Court for the District of Michigan, and each party hereby consents to the jurisdiction and venue of such courts and waives any objections thereto.
Users of this Site agree that any and all disputes arising from the use of this Site, or the ordering of materials from this Site, shall be settled by binding arbitration. Notwithstanding the foregoing, however, OS shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of OS, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
OS may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this legal page (" Legal Page "). Your use of the Site following any such revision shall be governed by the revised Terms and Conditions, and you shall be bound to such revised Terms and Conditions for any use subsequent to such revision. You should, therefore, periodically visit this Legal Page to review the current Terms and Conditions.
These Terms and Conditions last revised: March 25, 2007.