- Foot.com

Terms of Use for Foot.com Store and Web Site

Please carefully read the following Terms of Use and Disclaimer before using the Foot.com Web site. By using our Web site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use this site. These Terms of Use expressly incorporate by reference and include the Foot.com privacy policy any guidelines, rules or disclaimers that may be posted and updated on specific Foot.com Web Pages or on notices that are sent to you. Foot.com reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.

I. ORDERING PRODUCTS THROUGH FOOT.COM

Fulfillment/Shipping:

Foot.com’s orders are shipped via a Foot.com Preferred Partner in your area in order to facilitate quicker delivery and low shipping charges. Preferred Partners are a select group of dealers and distributers who are chosen by Foot.com based on their level of commitment in providing unique footcare products, quick, reliable service and professionally trained staff members. Actual delivery times may vary depending on ship-to locations. When estimating package delivery time, please allow for credit approval, address verification, stock availability and order processing.

Shipping Costs are as follows:
Within U.S.: $4.50
Canada: $9.50

Foot.com will not ship orders outside the United States or Canada

All items are shipped via UPS Ground service.

Payment/Ordering:

We gladly accept Visa or MasterCard. Availability of these payment methods depends upon the manner in which the Customer places an order, as described more fully below.

Ordering By Phone: Please call your local Preferred Partner. Click here for a Preferred Partner near you. Please have all of your credit card and ordering information handy when calling so that we may offer you prompt service.

Ordering By Mail: Please mail in your order form to your local Preferred Partner and enclose it with your check or money order. Click here for a Preferred Partner near you. If you are paying by credit card, please remember to fill in your account number, cardmember signature and credit card expiration date. We cannot process your order without this information. Please be sure to include your phone number in case there is a problem with your order.

Ordering By the Foot.com Store: Please remember to fill in all the required fields when ordering via the Foot.com Store order form. We use 128 bit encryption between your browser and our server (highest level for browsers) and 1024 bit encryption between our servers and our office to retrieve and process orders. We accept on-line orders 24 hours a day, 7 days a week.

Warranty/Returns:

If any item does not meet your satisfaction, you may return it, within 30 days of purchase, for exchange, merchandise credit or refund of the purchase price, less shipping and handling. Please include the packing slip or a copy of the sales receipt that you received with your purchase and indicate the reason for the return on the bottom section of the order form. Send the package, securely wrapped, insured and prepaid to the local Preferred Partner who shipped your order.

II. GENERAL LEGAL TERMS GOVERNING FOOT.COM

Disclaimer:

The Foot.com website is maintained to facilitate access to information about foot health and to provide information about foot care products. The materials, information, and answers provided by and through this website are not intended to replace the services of a trained health care professional or to be a substitute for medical advice provided by a qualified physician or other appropriate health care professional. You should consult your own physician or other appropriate health care professional on specific medical questions, including matters requiring diagnosis, treatment, therapy or medical attention. Opinions expressed by foot health professionals on this website are their own and not necessarily the opinions of Foot.com or Apex Foot Health Industries, Inc.

Copyright:

All content included in our Web site, such as text, graphics, logos, button icons, images, audio clips and video, is the property of Foot.com or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of Foot.com for the sole purpose of placing an order with Foot.com or using the Web site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of Foot.com is strictly prohibited.

Trademark:

All trademarks, logos, service marks and trade names are proprietary to Foot.com or other respective owners that have granted Foot.com the right and license to use such intellectual property.

Rules of Acceptable Behavior in Chat Rooms, on Bulletin Boards, and During Interactive Sessions:

Any interactive sessions, chat room and/or bulletin board functions provided at this site are merely provided as a forum for the community that shops at Foot.com. All postings during any session, in any chat room or on a bulletin board are not under the control of Foot.com and are not information or opinions of Foot.com. Foot.com does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such postings. Use of any posting or reliance on any advice is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections of the Site to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, recommendation or favoring by Foot.com. Foot.com is not responsible for and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information found on this web site. Foot.com makes no guarantees or warranties, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose.

You shall not upload to, distribute or otherwise publish through the site any content that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violates any law, including but not limited to criminal, trademark and copyright law. You shall not post content that encourages or promotes illegal activity, content that discusses illegal activities with the intent to commit them, or content that may give rise to civil or criminal liability in any way, or which violates federal, state, or local laws. You shall not post materials containing spam, commercial or advertising content. You shall not post materials containing links to any sites that violate any section of these Terms of Use, including but not limited to commercial or advertising content. You shall not in any manner impersonate anyone else or misrepresent the true identity of the user. You should not post any private information to chat rooms and/or message boards, nor should You assume that postings are completely anonymous.

By submitting any content to this web site, you automatically grant, or warrant that the owner of such content has expressly granted, Foot.com the royalty-free, perpetual irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such content in an electronic environment.

By submitting content to this web site you agree that Foot.com has the right to remove and delete any postings for any reason whatsoever, or for no reason at all. Foot.com reserves the right to filter from the message board all posts from individuals who display persistent behavior contrary to the Terms of Use governing use of this web site.

Digital Millennium Copyright Act Compliance Policy:

It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this site, you may notify our registered copyright agent by sending the following information to the address listed below:

1. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.

2. A statement that this person is authorized to act on behalf of the copyright owner;

3. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;

4. A description of the copyrighted work that you claim has been infringed;

5. A description of where the material that you claim is infringing is located on the Site; and

6. Your address, telephone number, and e-mail address.

Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to:

We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act ("DMCA"), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials. We will terminate access to those users who are repeat infringers.

Disclaimer of Warranties:

THE FOOT.COM WEB SITE AND ALL CONTENT IS PROVIDED "AS IS." EXCEPT AS OTHERWISE STATED HEREIN, FOOT.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE.

Limitation on Liability:

FOOT.COM SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITE OR ANY OF THE MATERIALS OR INFORMATION PROVIDED BY FOOT.COM OR THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF FOOT.COM HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification:

You hereby agree to indemnify, defend and hold Foot.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use or otherwise arising from your use of the site, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Foot.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination:

Foot.com may, in its sole discretion, terminate or suspend a user’s access to all or part of the site for any reason, or no reason whatsoever including, without limitation, breach of the Terms of Use.

Access To and Availability of Links:

Foot.com contains links to other related World Wide Web Internet sites and resources. Foot.com is not responsible for the availability of external sites or resources linked to this site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between You and the third party are strictly between you and the third party and are not the responsibility of Foot.com. Because Foot.com is not responsible for the availability of these outside resources or their contents, you should review the terms and conditions of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Jurisdiction:

This Agreement has been made in and shall be construed and enforced in accordance with New Jersey law. Any action to enforce this agreement shall be brought in the federal or state courts located in New Jersey.

III. FOOT.COM PRIVACY POLICY

Although Foot.com is committed to maintaining your confidence and trust in all of its activities with you, this Privacy Policy does not govern Foot.com’s collection of data through channels other than this web site.

Information We Collect (Mailing List):

Foot.com does not collect personal information when you visit our site unless you register such information with us, or you place an order with us. In these circumstances, we collect personally identifiable information from you that is necessary to identify you and to process and fulfill your order.

Foot.com also may set and access “cookies” on your computer. A cookie is a small piece of data, which often includes an anonymous unique identifier, that is set to your browser from a web site’s computers and is stored on your computer’s hard drive. Foot.com uses these cookies to keep track of your movements on the Foot.com web site so we can customize content for your review. Although you may configure your Internet web browser not to accept cookies, you will not be able to access all features of the Foot.com if you disable Foot.com’s ability to use cookies on your browser.

Foot.com’s Use of Your Personal Information:

We do not share confidential credit card information with any Preferred Partner. If you order merchandise through Foot.com, Foot.com will forward the Personal Information that is necessary to process and fulfill your order to a Preferred Partner in your area who will fulfill the order you place with us. Foot.com also may share your Personal Information in the following circumstances:

• When we have your consent to do so;

• When we need to share your information to provide any product or service you have requested;

• If we are required to do so by subpoena, court order or other legal process;

• If we discover that you have violated these Terms of Use or any of our usage guidelines located anywhere on the Foot.com site; or

• As Foot.com continues to develop, Foot.com might sell or buy the assets of similar companies. In such transactions, customer and user information generally is one of the transferred business assets. Also, in the unlikely event that Foot.com or substantially all of its assets are acquired, such information may be one of those transferred assets, and we reserve the right to buy or sell such assets.

Opt-Out Notice:

When you provide an e-mail address or other contact information via our web site, we may use the information to occasionally notify you about special Foot.com sales or services and other valuable updates to personalize your Foot.com shopping transactions. If you prefer that we not contact you in this manner, we will promptly remove you from our e-mail address list at your request. Please send any such request to the address listed above.

Foot.com
414 Alfred Ave,
Teaneck, New Jersey 07666
Phone: (800) 526-2739 | Fax: (800) 526-0073