FDFAC Terms of Service

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.