1. Exclusion And Limitation Of Liability
Under the terms of this Agreement, our liability is hereby excluded and limited to the largest extent legally possible.
In no event shall we liable for any damages, be they direct or indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
2. Disclaimer Of Warranties
We provide our service to you “as is” and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Nor do we warrant that the operation thereof will be free of error. No oral or written information or advice given to you by us or by an employee, representative or distributor will create a warranty for your products or services, and you may not rely on any such information or advice.
3. Earnings Disclaimer
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase our services. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of of our products and services, and that we have not authorized any such projection, promise, or representation by others. Any earnings or income statements, or any earnings or income examples, are only estimates of what we believe you could earn. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice.
4. Warranties And Indemnification
You warrant and represent that: a) You have full legal right and authority to enter into and become bound by the terms of this Agreement; b) You have full legal right and authority to exercise the rights granted herein and to comply with your obligations hereunder; c) You will comply, at all times during the Term, with all applicable laws. You hereby agrees to indemnify, defend, and hold harmless us and/or our successors, assigns, officers, directors, employees, agents, and representatives from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by yourself.
Your privacy is critically important to us. At Kevin Orthopedic, we don’t:
- Ask you for personal information unless we truly need it to support you best.
- Share your personal information with anyone except to comply with the law.
- Store personal information on our servers for longer than necessary.
1. Website Visitors
Like most website operators, Kevin Orthopedic (which operates www.kevinorthopedic.com) collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how our community use the website. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of our website.
2. Gathering Of Personally-Identifying Information
Naturally we have to gather some personal information in order to provide our services. The amount and type of information we have depends on the nature of the interaction. For example when you being a relationship as a new account with Kevin Orthopedic, we ask you to provide additional information, including as necessary the personal and financial information required to process these transactions. In each case, we only collects such information as is necessary to fulfill the purpose of your interaction with us.
3. Aggregated Statistics
We collect statistics regarding the number, frequency and duration of visit on our website. Although we may publish this data, we will never disclose personally-identifying information.
4. Protection Of Certain Personally-Identifying Information
We only disclose potentially personally-identifying information to our employees, contractors and affiliated organizations, and only when they need that information in order to fulfil a service we provide. All recipients of the potentially personally identifying data have been informed of their legal, moral and ethical duty to protect that data. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using our websites, you consent to the transfer of such information to them. We will not rent or sell potentially personally-identifying and personally-identifying information to anyone. We will only disclose potentially personally identifying information, other than as described above, when compelled to do so by the law.
Comments and other content submitted to our anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives.
1. Subject Of The Agreement
By purchasing the products or services of the Kevin Orthopedic team, you are entering into an “Agreement” with Foot in Motion, Inc. The Agreement is made effective beginning on the date on which you submit your New Account form and/or order your first product with the Kevin Orthopedic team. By submitting the New Account form, signing up to work with Kevin Orthopedic or place your first order – you agree to all terms and conditions of this Agreement.
2. Grant Of Right To Limited Use
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, we hereby grant you the a limited, personal, non-transferable and non-exclusive right during the Term, as defined below, to use our products and services. This Agreement will terminate immediately if you attempt to circumvent the copyright protection measures for all Foot in Motion, Inc products and services.
3. Intellectual Property Rights
All copyrights, trademarks, and all other intellectual property rights related to Kevin Orthopedic are owned by Foot in Motion, Inc. and are protected by international copyright law.
4. Reservation Of Rights
We expressly reserves all rights not granted in this Agreement. We do not cede any right to copy, distribute, publicly perform, display or make any other use of Kevin Orthopedic products or service, or any element thereof, or the trademarks thereof.
5. System Use Restrictions
Any use of Kevin Orthopedic products or services not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement.
6. Term And Termination
The term of this Agreement and the permission herein begin on the date on which you first submit an order or use Kevin Orthopedic products and services. Upon the termination or expiration of this Agreement, any and all of your rights hereunder shall terminate without prejudice to any rights or claims, and you shall have no right to use Kevin Orthopedic products and services in any manner.. Termination or expiration of this Agreement shall not create any liability against us and shall not relieve you from any liability which arises prior to termination or expiration.
7. Returns, Cancellations, And Chargebacks
Parts And Labor Guarantee
We guarantee against defects in materials and workmanship for the lifetime of the product. Top covers, bottom covers, posts, modifications, joints and pads are made from the highest quality materials however do have a life span affected by patient activity levels. We stand behind our products and materials and will consider any premature failure of our products and materials under warranty valid and covered.
Patient Compliance And Satisfaction
We will adjust the orthoses contours and casting for unlimited times up to three months. We are available to ensure successful patient outcomes during this period. We require specific adjustment directions at the time we receive the device and encourage you to add markings that describe necessary changes. Additions and accommodations requested after processing of the original prescription will incur charges according to Kevin Orthopedic current price list. During this three month period, we will do our utmost to work with you to ensure patient satisfaction with the device.
We only utilize materials that are of the highest quality and therefore can offer a lifetime guarantee of frame breakage (under normal wear and tear).
Frame Guarantees Exclude Devices That Have Been:
- Intentionally damaged, grossly altered or subjected to extreme or unusual treatment or handling.
- Fabricated from foam or laminate materials.
- All broken frames must be returned to Kevin Orthopedic for evaluation.
Credit For Returned Devices
Kevin Orthopedic does not issue credit for returned devices under any circumstances. Each device we make is custom and can not be resold or recycled. If a patient is not happy with their orthosis we will work with you to achieve patient satisfaction under all circumstances.
The Insurance Program (Protect Plan)
The Kevin Orthopedic Protect Plan Program offers patients a flexible range of affordable plans that extend the guarantee and adjustment periods for orthoses. According to the plan selected, benefits include coverage during the two-year policy period for adjustments, repairs or replacement of outgrown, lost or irreparably damaged devices. Practitioners report that the Protect Plan Program helps encourage patients to return for routine care and often improves patient satisfaction levels. Insurance also helps create patient awareness of the need for regular orthotic and biomechanical care.
Unless specifically promised under a separate service agreement, all support will be provided by the Kevin Orthopedic Team, and not by the parent company Foot in Motion, Inc. Please do not call or send email to Foot in Motion regarding Kevin Orthopedic, as we will not be able to respond.
9. Breach Of The Agreement
In the event of a breach of this Agreement by us, your sole remedy shall be to terminate this Agreement by delivering written notice of termination to us. In the event of a breach by you of this Agreement, we may pursue all remedies to which we are entitled under applicable law and/or this Agreement.
10. Copyright Protection
Kevin Orthopedic products and services use access control and copy protection technology. An online connection is required to authenticate Kevin Orthopedic products and services and verify your account. Our products may install additional components required for proper functionality of the copyright protection. We reserves the right to periodically validate your Account through subsequent online authentication. If your Account is not valid, you may not be able to use Kevin Orthopedic products and services.
11. Earnings Disclaimer
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase Kevin Orthopedic products. You recognize and agree the relationship that we are entering is a custom product that our promise is to work towards a solution, together for your patient. Our elite products do not guarantee that you can charge higher prices and any earnings or income statements, or any earnings or income examples, are only estimates of what we believe you could earn. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice.
12. Exclusion And Limitation Of Liability
Under the terms of this Agreement, Foot in Motion, Inc. liability is hereby excluded and limited to the largest extent legally possible. In no-event shall Foot in Motion be liable for damages, be they direct, indirect, incidental, special or consequential, whether in a contract action or in tort.
13. Consent To Use Of Personal Data
To facilitate the copyright protection measures, the provision of updates, and dynamically served content, product support and other services to you, including online use, you agree that we may collect, use, store and transmit technical and related information that identifies your computer (including an internet protocol address and hardware identification), operating system and application software and peripheral hardware. Foot in Motion, Inc. and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data and with our third party service providers.
14. General Provisions
This Agreement constitutes the entire understanding between you and us. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between us and you. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever. Nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons. We may at any time revise and alter the version of Kevin Orthopedic products and services. This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded. If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement. This Agreement shall bind and inure to the benefit of modern marketing methods, its successors and assigns, and we may assign our rights hereunder, at our sole discretion.
All notices, reports, requests, approvals and other communications required or permitted under this Agreement must be in writing. They will be deemed given when (a) delivered personally, (b) sent by confirmed facsimile, (c) sent by commercial or overnight courier with written verification of receipt, or (d) sent by registered or certified mail, return receipt requested, postage prepaid. All communications must be sent to the receiving party’s initial address for notice given on the signature page of this Agreement or to such other address that the receiving party may have provided for purposes of notice by notice as provided in this section.
16. Complete Agreement, Amendments
This Agreement constitutes the entire understanding between the parties of the subject matter covered by this Agreement. No modification or amendment of this Agreement shall be effective unless in writing and signed by duly authorized representativesortho of both parties.
17. Governing Law
Place of performance of this Agreement is under United States law.