Terms Of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

This Terms of Use Agreement sets forth the standards of use of the Athena Pacific Limited Online Service. By using the OrthoSole.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at OrthoSole.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1.    DISCLAIMER OF WARRANTIES

The site is provided by Athena Pacific Limited on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Athena Pacific Limited makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Athena Pacific Limited shall have no liability for any interruptions in the use of this Website. Athena Pacific Limited disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

2.    LIMITATION OF LIABILITY

ATHENA PACIFIC LIMITED SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ATHENA PACIFIC LIMITED SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN ATHENA PACIFIC LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

3.    USE FOR EDUCATIONAL PURPOSES ONLY

OrthoSole.com and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. If you have diabetes, poor circulation, lack of sensation in your feet, or unusually shaped or deformed feet, consult your health care professional before using our products to ensure appropriate treatment and care. If you feel pain when wearing our products, discontinue use and consult with your physician and/or podiatrist. This site and its services do not constitute the practice of any medical or other professional health care advice, diagnosis or treatment. We advise members to always seek the advice of a physician and/or podiatrist with any questions regarding personal health or medical conditions.

4.    INDEMNIFICATION

Member agrees to indemnify and hold Athena Pacific Limited, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5.    MODIFICATIONS AND INTERRUPTION TO SERVICE

Athena Pacific Limited reserves the right to modify or discontinue the Service with or without notice to the Member. Athena Pacific Limited shall not be liable to Member or any third party should Athena Pacific Limited exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Athena Pacific Limited does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6.    THIRD-PARTY SITES

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7.    GOVERNING JURISDICTION OF THE COURTS

These terms of use shall be governed by and construed in accordance with English law. Any dispute arising out of the accessing or use of this website shall be subject to the jurisdiction of the English courts. 

8.    COMPLIANCE WITH LAWS

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9.    COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Athena Pacific Limited, with all rights reserved, or is the property of Athena Pacific Limited and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Athena Pacific Limited is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Athena Pacific Limited.

OrthoSole™, Step Above™, Fit Advantage™ are proprietary marks of Athena Pacific Limited.  Athena Pacific Limited’s trademarks may not be used in connection with any product or service that is not provided by Athena Pacific Limited, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Athena Pacific Limited.

All other trademarks displayed on Athena Pacific Limited’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Athena Pacific Limited.

PORON® is a registered licensed trademark of Rogers Corporation

10.    NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, OrthoSole.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Athena Pacific Limited

ATTN: Legal Department (Copyright)

Montague House

Mill Road, Felsted

Essex, CM6 3HQ

England

By Telephone: +44 (0) 1371 821486 

By Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

11.    BOTNETS

Athena Pacific Limited retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Athena Pacific Limited reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

12.    OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Athena Pacific Limited, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

 ronnie

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