welcome topoidmoreortho.comSite (the “Site”).
2. Products and Services for Personal Use
The products and services available on the Site, and any samples thereof that we may provide to you, are for your personal use only. You may not sell or resell any of the products or services, or samples thereof, that you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be fulfilled or products or services to be provided to you that we believe, in our sole discretion, may result in a violation of our Terms and Conditions. . .
3. Policies and procedures related to purchases
To view the policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
4. Accuracy of information
We try to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colors, information, or other content available on the Site is accurate, complete, reliable, current, or error-free.
5. Intellectual Property
All information and content available on the Site and its "look and feel", including, without limitation, trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation and its organization (collectively, the "Content") is owned by poidmoreortho.com, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyright copyright and trademarks.
Except as set forth in the limited licenses in Section 6 below, or as required by applicable law, neither the Content nor any part of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or exploit in another way. in whole or in part, for any purpose without our express prior written consent.
6. Limited licenses
We grant you a limited, revocable, non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or use framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all of the Content (other than for caching or as necessary to view the Site); (c) make any use of the Site or all and/or all of the Content other than for personal use; (d) modify, reverse engineer or create any derivative work based on the Site or all and/or all of the Content; (e) collect account information for your own benefit or that of others; (f) use any meta tags or any other "hidden text" using any and/or all of the Content; or (g) use software bots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or burden on our infrastructure. You must retain, without modification, all proprietary notices on the Site or posted or contained on the Site.
We also grant you a limited, revocable, non-exclusive license to create a hyperlink to the home page of the Site solely for your personal, non-commercial use. A site that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we endorse such site or its services or products; (iii) you may not misrepresent your relationship with us; (iv) may not contain content that could be construed as objectionable, obscene, offensive, controversial or illegal or inappropriate for any age; (v) you may not portray us or our products or services in a false, misleading, derogatory, or offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) you may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site and, upon receipt of any such request, you must immediately remove such link and discontinue any link, unless we expressly authorize you in writing to resume linking.
Any unauthorized use by you of the Site or of all and/or all of our Content automatically terminates the limited licenses set forth in this Section 6, without prejudice to any other remedies provided by applicable law or these Terms and Conditions.
7. Your obligations and responsibilities
When accessing or using the Site, you must comply with these Terms and Conditions and with any notices or special instructions for access or use posted on the Site. You must always act in accordance with the law, custom and good faith. You may not make any changes or alterations to the Site or any Content or services that may appear on this Site and may not affect in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or willfully breach any of the obligations set forth in these Terms and Conditions, you will be liable for all losses and damages this may cause to poidmoreortho. com, our affiliates, partners or licensors.
8. Your account
You may choose to create an account on our SITE if you are over thirteen (13) years of age. Do not register if you are under thirteen (13) years of age. If you are over the age of thirteen (13) and you register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and true. You agree to accept responsibility for all activities that occur under your account, username, and/or password. You agree to provide only current, complete, accurate and truthful information. If you access and use the Site on behalf of another person, you represent that you have the authority to bind that person as principal to all of the Terms and Conditions provided herein and, to the extent that you do not have such authority, you agree to be bound by to these Terms and Conditions and accepts responsibility for damages caused by any misuse of the Site or the Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in the best interest of poidmoreortho.com to do so.
9. Third Party Links
We are not responsible for the content of any off-site pages or any other sites linked to or from the Site. Links appearing on the Site are for convenience only and do not constitute an endorsement by us, our affiliates, or our partners of any such content, product, service, or provider. Your linking to or from any off-site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant, the offerings of off-site pages or any other sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages. and sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all external pages and other sites you visit.
10. Special features, functionality and events
If you submit a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitations, chain letters, mass mailings or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us from all claims arising out of or in connection with any claim to any right in any Submission or any damages arising out of any Submission.
12. User Content
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, video, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission pursuant to Section 11 above. This means that all third parties, not us, are fully responsible for all User Content they post on the Site. You agree not to participate in, assist, or encourage others to participate in the transmission, uploading, posting, emailing, or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, offensive , unlawful, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) known to be false, inaccurate or misleading; (d) you have been compensated or paid by a third party; or (e) violates any patent, trademark, trade secret, copyright or other proprietary right of any party. You further agree not to transmit, upload, post, email, or otherwise make available any software virus, unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of "spam." You also agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass, including advocating the harassment of another, arresting or harming others, including harming minors in any way; (iii) forge headers or manipulate identifiers to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable information about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore do not guarantee the accuracy, integrity, or quality of the User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable for any User Content, including without limitation any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of your use of any User Content. transmitted. , uploaded, posted, emailed, or otherwise made available through the Site.
You acknowledge that we have the right (but not the obligation), in our sole discretion, to refuse to post or remove any User Content and we reserve the right to change, condense, or remove any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice. to any user who violates these Terms and Conditions or infringes the rights of third parties.
13. Copyright complaints
We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please click here to learn how to notify us of alleged infringement.
14. Representations and Warranties; Limitation of Liability
THE SITE IS PROVIDED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT WHICH IS REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDED.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER NO CIRCUMSTANCES, FOR ANY (a) BUSINESS INTERRUPTION; (b) DELAYS OR INTERRUPTIONS IN ACCESS TO THE SITE; (c) NON-DELIVERY OF DATA, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF BUSINESS OR THE PRESENCE OF LINKS OUTSIDE THE WEBSITE ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINKS TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) OTHER EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) IN CONNECTION WITH THE SITE OR ITS USE, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISING OUT OF SUCH CLAIM OR ACTION.
You agree to defend, indemnify, and hold us harmless from any loss, damage, or cost, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising out of your use of the Site or your breach of these Terms and Conditions. You also agree to indemnify us for any loss, damage, or cost, including reasonable attorneys' fees, resulting from the use of software bots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes a unreasonable charge. or a burden on our infrastructure.
With respect to any dispute relating to the Site, all rights and obligations and all remedies under these Terms and Conditions shall be governed by the laws of New York as if the Terms and Conditions were a contract entered into and performed entirely in New York. York. Any dispute related in any way to your visit to the Site will be submitted to confidential arbitration in New York and you will submit to the appropriate jurisdiction and proceedings, except that, to the extent you have violated or threatened to violate in any way, our rights of intellectual property or the intellectual property rights of our affiliates, partners or licensors or otherwise have cause of action in equity, we may seek an injunction or other appropriate remedy in any court of competent jurisdiction and you consent to jurisdiction and venue in said court for such purposes. Arbitration under this agreement will be conducted in accordance with the Supplementary Rules for Consumer Related Disputes currently in effect at the American Arbitration Association. The arbitrator's award shall be binding and may be entered as judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. .
17. Consent to Receive Notices Electronically by Posting on the Website and by Email
You agree to receive all agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer electronically, including, without limitation, by email or by posting notices on this Site. . You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent by sending an email to[email protected]and discontinue use of this Site. In such event, all rights granted to you under these Terms and Conditions, including without limitation the limited licenses set forth in Section 6 hereof, will automatically terminate. Unfortunately, we are unable to provide the benefits of this Site to any user who cannot consent to receive Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us with respect to your use of the Site, and supersede and govern all prior proposals, agreements or other communications.
We reserve the right, at our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice. Any change is effective immediately upon posting on the Site and posting of notice of such change. Your continued use of the Site thereafter constitutes your acceptance of all modified Terms and Conditions. We may, with or without notice, terminate any of the rights granted by these Terms and Conditions. You must immediately comply with any termination or other notice, including, as applicable, ceasing all use of the Site.
Nothing in these Terms and Conditions should be construed as creating an agency, partnership, or other form of joint venture between us. Our failure to enforce any provision of this document will not affect our full right to enforce such performance at any time thereafter, nor will our waiver of any provision of this document be deemed or deemed a waiver of the provision itself. If any provision of these Terms and Conditions is unenforceable or invalid under any applicable law or is deemed by an applicable arbitration award or court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid in their entirety, but these Terms will and conditions will be modified, to the extent possible, by the contracting authority to more fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions about these Terms and Conditions, please send us an email at[email protected]
DIGITAL MILLENNIUM COPYRIGHT NOTICE POLICY
In accordance with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send email or written notice to our Designated Agent to receive violation notifications and provide the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that you claim has been infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; Is
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright © Poidemore. All world rights reserved.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED SOLELY TO NOTIFY poidmoreortho.com THAT COPYRIGHTED MATERIAL MAY BE INFRINGED. ALL OTHER QUESTIONS WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA EMAIL AT[email protected].