| These terms
of use ("Terms of Use") apply to the Financial District Foot & Ankle
Center ("FDFAC") web site located at www.fdfac.com ("Site").
Please read these Terms of Use carefully before using our Site.
By using our Site, you agree to and are bound by the Terms of
Use in place when you visit, and any other terms that may apply.
We reserve the right to modify, alter or otherwise update these
Terms of Use at any time and you agree to be bound by such modifications,
alterations or updates. You should visit this page from time
to time to review the current terms.
User Conduct
You agree to use the information that is available on the Site only for your
own personal use, unless you obtain express authorization from FDFAC. You
may not make any unauthorized or commercial use of our interactive features.
You may not engage in any conduct or action that is prohibited by or violates
any federal, state or local laws.
You agree not to distribute, publish or otherwise communicate
any content which defames, abuses or threatens others, contains
unauthorized copyrighted material or infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party.
You agree not to upload, post, e-mail, transmit or otherwise
make available any unsolicited or unauthorized materials, including
SPAM or chain letters, or any material that contains software
viruses or any other computer files or programs intended to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or otherwise disrupt
the servers or networks connected to our Site.
Restrictions on Use of Materials
You acknowledge and agree that content, including but not limited to text,
software, music, sound, photographs, video, design, graphics or other material
contained on this Site you will not in any form distribute, publish, rebroadcast,
transmit, use, reproduce, copy, any material. And by accessing this website
you agree all rights, proprietary patents, marks, service trademarks, copyrights,
are protected and is owned by it's creator.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FDFAC SHALL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY
USE OF, OR INABILITY TO USE THIS SITE, OR RESULTING FROM ANY
ERRORS OR OMISSIONS IN THE CONTENT, REGARDLESS OF THE BASIS UPON
WHICH LIABILITY IS CLAIMED, EVEN IF FDFAC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
Disclaimer of Warranties
While every effort is made to ensure accuracy, FDFAC makes no warranty that
this Site will meet your requirements or that it will be uninterrupted,
timely, secure or error-free; nor does FDFAC make any warranty as to the
results that may be obtained from the use of this Site or as to the accuracy
or reliability of any information obtained through the Site.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, FDFAC PROVIDES CONTENT "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES
THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF
INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL FDFAC OR ITS SUPPLIERS OR PARTNERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION)
ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF
FDFAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless FDFAC,
its officers, directors, employees, agents, affiliates, distributors and
licensees from and against any judgment, losses, deficiencies, damages,
liabilities, costs and expenses (including reasonable attorneys’ fees
and expenses) incurred in connection with any claim, demand, suit, action
or proceeding arising out of a breach by you of these Terms of Use or in
connection with your use of this Site or any product or service related
thereto.
Governing Law
This Agreement and the relationship between you and FDFAC shall be governed
by and construed in accordance with the laws of the state of CALIFORNIA.
Any controversy or claim arising out of or relating to these Terms of Use
relating to use of this Site and the Content shall be resolved in a CALIFORNIA
court. You agree that, regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to these Terms of
Use must be filed within one (1) year after such claim or cause of action
arises or will be forever barred.
Waiver/Severability
The waiver by either party of a breach or right under these Terms of Use
will not constitute a waiver of any subsequent breach or right. If any
provision of these Terms of Use is found to be invalid or unenforceable
by a court of competent jurisdiction, such provision shall be severed from
the remainder of these Terms of Use, which will otherwise remain in full
force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
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