Terms of Use

Last updated: January 22, 2013

Thank you for visiting our Web site (the "Site"). Please carefully read the following Terms of Use before using the Site. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS SET FORTH IN 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 this privacy policy and any guidelines, rules or disclaimers that may be posted and updated on specific Site Web pages or on any notices that are sent to you. We reserve 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.

 
Privacy
 

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

 
Your Account
 

When you create an account with us, you will be asked to supply an account name and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Site using your account or member name.

With respect to your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Site. Because any termination of your access to the Site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Site.

 
Electronic Communications and Opt-Out Notice
 

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

When you provide us with an e-mail address or other contact information via the Site, we may use the information to occasionally notify you about special sales or services and other valuable updates to personalize your 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.

 
Disclaimer for Health Content Pages
 

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the Site, such as text, graphics, images, information obtained from our licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Site describes general principles of lower body healthcare that should not in any event be construed as specific instructions for individual consumers. The Content is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis or treatment. This healthcare content is for reference only and should not be used to determine treatment for specific medical conditions only a healthcare provider can do that. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by us, our employees or others appearing on the Site is solely at your own risk and expense.

You should discuss the information provided with a podiatrist, physician or other licensed healthcare professional, and make sure to read any product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, support, brace, compression hosiery, shoes intended for use by diabetics, skincare product, herb, vitamin or supplement discussed on this Site.

Proper treatment of foot and lower body health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medications you may be taking. Your healthcare provider can best assess and address your individual healthcare needs.

 
Copyright and Trademarks
 

All content included on the Site, including, without limitation, text, graphics, logos, icons, images, audio clips and video, is the property of Benchmark Brands, Inc. 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 the Site for noncommercial use for the sole purpose of placing an order with us or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity. We reserve the right to block or deny access to the Site to anyone at any time for any reason.

All trademarks, trade dress, logos, service marks, brand names and trade names are proprietary to Benchmark Brands, Inc or other respective owners that have granted us the right and license to use such intellectual property. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

 
Product Descriptions
 

We attempt to be as accurate as possible on this Site. However, we do not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in an unused condition. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time, and we may make changes in pricing and availability without notice. Further, pricing information on other websites that claim to represent correct pricing on our Site may not be correct or current. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 
Links to this Site
 

You may not create or maintain a link from another website to any page on this Site without our prior written permission. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable rules, laws, and regulations.

 
User Information
 

Other than personally identifiable information, which is subject to this Site's Privacy Policy, any comments, information, material, ideas, suggestions, questions, concepts, know-how, techniques, or other communication you transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and designees may use any User Communications for any purpose whatsoever, including, without limitation, disclosure, reproduction, publication, transmission, broadcast, and/or marketing in any manner whatsoever for any commercial or non-commercial purpose. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, or respond to any User Communications. We will have no liability related to the content of any User Communications, whether or not arising under the laws of copyright, privacy, obscenity, libel, or otherwise. We retain the right to remove any or all User Communications. If you are using this Site on someone else's behalf, you represent that you have the authority to bind that person to all terms and conditions provided herein and you agree to accept liability for harm caused by that person's wrongful use of the Site.

 
User Conduct
 

You shall NOT do any of the following: (a) attempt to change or "hack" this Site; (b) access any area on the Site which you are not explicitly authorized to access; (c) restrict, inhibit, or interfere with anyone else's use and enjoyment of the Site; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of the Site; (f) access this Site using an automated mechanism and extract data; (g) jeopardize the operation of computer systems owned by us or any of our affiliates; and (h) jeopardize our reputation or the reputation of any of our affiliates.

 
Disclaimer of Warranties
 

YOUR USE OF THIS SITE IS AT YOUR RISK. THE SITE AND ALL CONTENT ARE PROVIDED "AS IS." EXCEPT AS OTHERWISE STATED HEREIN AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BENCHMARK BRANDS 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 OR PRODUCTS OFFERED THROUGH OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER WE, NOR OUR SUPPLIERS, NOR ANY OF OUR RESPECTIVE AFFILIATES ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.

 
Limitation on Liability
 

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE POLICIES POSTED ON THIS SITE.

 
Indemnification
 

You hereby agree to indemnify, defend and hold Benchmark Brands, Inc and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claim, demand, liability or cost 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. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 
Links to Third Party Sites
 

The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. Transactions that occur between you and any third party are strictly between you and the third party and are not our responsibility. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such sites.

 
Applicable Law
 

We control the Site from our offices within the United States of America. We make no representation that the content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to the Site, the products provided through the Site or the Content shall be governed by the internal laws of the State of Tennessee, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Memphis, Shelby County, Tennessee, U.S.A.

 
Termination
 

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

 
Miscellaneous
 

These Terms of Use (taken together with any purchase order submitted by you) constitute the entire agreement between you and us and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.