Terms Of Use

Last Updated: May 2, 2019

Welcome to the Family Foot & Ankle of Stuart, P.L. (the
“Service”). The following Terms of Use apply when you view
or use the Service located at: SCHOPPEFOOTANDANKLE.COM. Please review
the following terms carefully. By accessing or using the Service, you
signify your agreement to these Terms of Use. If you do not agree to
these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

The company respects the privacy of its Service users. Please
refer to the Company’s Privacy Policy which explains how we collect,
use, and disclose information that pertains to your privacy. When you
access or use the Service, you signify your agreement to this Privacy
Policy.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE
SERVICE

You need to be at least 16 years old to register for and use the
Service.

If you are a user who signs up for the Service, the company will
create a personalized account, which includes a unique username and a
password to access the Service and allow you to receive messages from
the Company. You agree to notify us immediately of any unauthorized
use of your password and/or account. The Company will not be
responsible for any liabilities, losses, or damages arising out of
the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS.

Your permission to use the Site is conditioned upon the following
Use Restrictions and Conduct Restrictions: You agree that you will
not under any circumstances:

  • post any information that is
    abusive, threatening, obscene, defamatory, libelous, or racially,
    sexually, religiously, or otherwise objectionable and offensive;

  • use the service for any unlawful
    purpose or for the promotion of illegal activities;

  • attempt to, or harass, abuse or
    harm another person or group;

  • use another user’s account without
    permission;

  • provide false or inaccurate
    information when registering an account;

  • interfere or attempt to interfere
    with the proper functioning of the Service;

  • make any automated use of the
    system, or take any action that we deem to impose or to potentially
    impose an unreasonable or disproportionately large load on our
    servers or network infrastructure;

  • bypass any robot exclusion headers
    or other measures we take to restrict access to the Service or use
    any software, technology, or device to scrape, spider, or crawl the
    Service or harvest or manipulate data; or

  • publish or link to malicious content intended to damage or
    disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to
provide (“User Content”). You are solely responsible for
the User Content that you post, upload, link to or otherwise make
available via the Service. You agree that we are only acting as a
passive conduit for your online distribution and publication of your
User Content. The Company, however, reserves the right to remove any
User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and
submitting any User Content while using the Service, you agree as
follows:

  • You are solely responsible for
    your account and the activity that occurs while signed in to or
    while using your account;

  • You will not post information that
    is malicious, false or inaccurate;

  • You will not submit content that
    is copyrighted or subject to third party proprietary rights,
    including privacy, publicity, trade secret, etc., unless you are the
    owner of such rights or have the appropriate permission from their
    rightful owner to specifically submit such content; and

  • You hereby affirm we have the right to determine whether any
    of your User Content submissions are appropriate and comply with
    these Terms of Service, remove any and/or all of your submissions,
    and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that
occurs as a result of the use of any User Content that you make
available or access through your use of the Service is solely your
responsibility. The Company is not responsible for any public display
or misuse of your User Content. The Company does not, and cannot,
pre-screen or monitor all User Content. However, at our discretion,
we, or the technology we employ, may monitor and/or record your
interactions with the Service.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or
content made available through the Service, but not directly by the
Company, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for
such content. The Company does not guarantee the accuracy,
completeness, or usefulness of any information on the Service and
neither does the Company adopt nor endorse, nor is the Company
responsible for the accuracy or reliability of any opinion, advice,
or statement made by parties other than the Company. The Company
takes no responsibility and assumes no liability for any User Content
that you or any other user or third party posts or sends over the
Service. Under no circumstances will the Company be responsible for
any loss or damage resulting from anyone’s reliance on information or
other content posted on the Service, or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may
be exposed to User Content that is inaccurate or objectionable. The
Company reserves the right, but has no obligation, to monitor the
materials posted in the public areas of the service or to limit or
deny a user’s access to the Service or take other appropriate action
if a user violates these Terms of Use or engages in any activity that
violates the rights of any person or entity or which we deem
unlawful, offensive, abusive, harmful or malicious. The Company shall
have the right to remove any such material that in its sole opinion
violates, or is alleged to violate, the law or this agreement or
which might be offensive, or that might violate the rights, harm, or
threaten the safety of users or others. Unauthorized use may result
in criminal and/or civil prosecution under the law. If you become
aware of misuse of our Service, please contact us at
SCHOPPEFOOTANDANKLE.COM.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with
convenient links to third party web site(s) (“Third Party
Sites”) as well as content or items belonging to or originating
from third parties (the”Third Party Applications, Software or
Content”). These links are provided as a courtesy to Service
subscribers. The Company has no control over Third Party Sites and
Third Party Applications, Software or Content or the promotions,
materials, information, goods or services available on these Third
Party Sites or Third Party Applications, Software or Content. Such
Third Party Sites and Third Party Applications, Software or Content
are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by the Company, and the Company is
not responsible for any Third Party Sites accessed through the Site
or any Third Party Applications, Software or Content posted on,
available through or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Sites or the Third
Party Applications, Software or Content. Inclusion of, linking to or
permitting the use or installation of any Third Party Site or any
Third Party Applications, Software or Content does not imply approval
or endorsement thereof by the Company. If you decide to leave the
Site and access the Third Party Sites or to use or install any Third
Party Applications, Software or Content, you do so at your own risk
and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any site to which you
navigate from the Site or relating to any applications you use or
install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringe Accounts. The Company respects
the intellectual property rights of others and requests that the
users do the same. The Company has adopted and implemented a policy
that provides for the termination in appropriate circumstances of
users of the Service who are repeat infringers The Company may
terminate access for participants or users who are found repeatedly
to provide or post protected third party content without necessary
rights and permissions.

(b) Take-Down Notices. If you are a copyright owner or an agent
thereof and believe, in good faith, that any materials provided on
the Service infringe upon your copyrights, you may submit a
notification pursuant by sending the following information in writing
to the Company’s designated copyright agent at Family Foot &
Ankle of Stuart, P.L.:

  1. The date of your notification;

  2. A Physical or electronic signature of a person authorized to
    act on behalf of the owner of an exclusive right that is allegedly
    infringed;

  3. A description of the copyrighted work claimed to have been
    infringed, or, if multiple copyrighted works at a single online site
    are recovered by a single notification, a representative list of
    such works at that site;

  4. A description of the material that is claimed to be
    infringing or to be the subject of infringing activity and
    information sufficient to enable us to locate such work;

  5. Information reasonably sufficient to permit the service
    provider to contact you, such as an address, telephone number,
    and/or email address;

  6. A statement 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; and

  7. A statement that the information in the notification is
    accurate, and under penalty of perjury, that you are authorized to
    act on behalf of the owner of an exclusive right that is allegedly
    infringed.

(c) Counter-Notices. If you believe that your User Content that
has been removed from the Site is not infringing, or that you have
the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the law, to post and use the content in your
User Content, you may send a counter-notice containing the following
information to our copyright agent using the contact information set
forth above:

  1. Your physical or electronic signature;

  2. A description of the content that has been removed and the
    location at which the content appeared before it was removed;

  3. A statement that you have a good faith belief that the
    content was removed as a result of mistake or a misidentification of
    the content; and

  4. Your name, address, telephone number, and email address, a
    statement that you consent to the laws of Florida and a statement
    that you will accept service of process from the person who provided
    notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent,
the Company may send a copy of the counter-notice to the original
complaining party informing such person that it may reinstate the
removed content in 10 business days. Unless the copyright owner files
an action seeking a court order against the content provider, member
or user, the removed content may (in the Company’s discretion) be
reinstated on the Site in 10 to 14 business days or more after
receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant,
and you represent and warrant that you have a right to grant, to the
Company a royalty-free, sub licensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate,
distribute, publicly perform, publicly display, and make derivative
works of all such User Content and your name, voice, and/or likeness
as contained in your User Content, if applicable, in whole or impart,
and in any form, media or technology, whether now known or hereafter
developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain
ownership of all intellectual property rights of any kind related to
the Service, including applicable copyrights, trademarks and other
proprietary rights. Other product and business names that are
mentioned on the Service may be trademarks of their respective
owners. We reserve all rights that are not expressly granted to you
under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s e-mail and messaging
system, will not constitute legal notice to the Company or any of its
officers, employees, agents or representatives in any situation where
notice to the Company is required by contract or any law or
regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive
communications from the Company in an electronic form via the email
address you have submitted; and (b) agree that all Terms of Use,
agreements, notices, disclosures, and other communications that the
Company provides to you electronically satisfy any legal requirement
that such communications would satisfy if it were in writing. The
foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages,
including information about the Company and special offers. You may
opt out of such email by changing your account settings or sending an
email to Family Foot & Ankle of Stuart, P.L..

Opting out may prevent you from receiving messages regarding the
Company or Special Offers.

WARRANTY

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY,
ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE
COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR
OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR
DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER
MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO
NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY
TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR
PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE,
OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE
SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT
MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE
COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT
PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO
YOU.

If you have a dispute with one or more users or a merchant of a
product or service that you review using the Service, you release us
(and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these
Terms of Use in the event of any such amendments. It is your sole
responsibility to check the Site from time to time to view any such
changes in the Agreement. If you continue to use the Site, you
signify your agreement to our revisions to these Terms of Use.
However, we will notify you of material changes to the terms by
posting a notice on our homepage and/or sending an email to the email
address you provided to us upon registration. For this additional
reason, you should keep your contact and profile information current.
Any changes to these Terms or waiver of the Company’s rights
hereunder shall not be valid or effective except in a written
agreement bearing the physical signature of an officer of the
Company. No purported waiver or modification of this Agreement by the
Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable,
that portion of the Agreement will be construed consistent with
applicable law. The remaining portions will remain in full force and
effect. Any failure on the part of the Company to enforce any
provision of this Agreement will not be considered a waiver of our
right to enforce such provision. Our rights under this Agreement will
survive any termination of this Agreement.

You agree that any cause of action related to or arising out of
your relationship with the Company must commence within ONE year
after the cause of action accrues. Otherwise, such cause of action is
permanently barred.

These Terms of Use and your use of the Site are governed by the
laws of Florida, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or
the Company’s Privacy Policy, in whole or in part, to any person or
entity at any time with or without your consent. You may not assign
or delegate any rights or obligations under the Terms of Service or
Privacy Policy without the Company’s prior written consent, and any
unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND
THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.
YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE
PRIVACY POLICY AT SCHOPPEFOOTANDANKLE.COM REPRESENT THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT.

 

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