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Terms & Conditions

For Return Policy & Terms of Sales please see here.

Terms of Use

Aetrex Worldwide, Inc. (“Aetrex”) provides you with access to our various websites at aetrex.com, foot.com, and any other sites that we may offer from time to time (individually or collectively, the “Website”) subject to the following Terms of Use:

General Information Regarding Website Content:
Any information provided by the Website relating to foot care, foot conditions, foot health and any information about foot health and foot related products is for informational purposes only. The materials, information, and answers provided by and through the Website are not intended to replace the services of a trained health care professional or to be a substitute for medical advice provided by a qualified podiatrist or  physician or other appropriate health care professional. You should consult your own physician or other appropriate health care professional on specific medical questions, including matters requiring diagnosis, treatment, therapy or medical attention. Opinions expressed by foot health professionals on the Website are their own and not necessarily the opinions of Aetrex.

Copyright:
All content included in our Website, such as text, graphics, logos, button icons, images, audio clips and video, is the property of Aetrex or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with the Website or using the Web site as a shopping or general information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Website is strictly prohibited without the express prior written permission of Aetrex.

Trademarks:
All trademarks, logos, service marks and trade names are proprietary to Aetrex  or other respective owners that have granted Aetrex the right and license to use such intellectual property. All use is prohibited without the express prior written permission of Aetrex.

Digital Millennium Copyright Act Compliance Policy:
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this site, you may notify our registered copyright agent by sending the following information to the address listed below:

  1. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic;
  2. A statement that this person is authorized to act on behalf of the copyright owner;
  3. A statement that this person has a good faith belief that the use of the material in the manner complained of is not authorized either by the copyright owner, by the owner's agent, or by law;
  4. A description of the copyrighted work that you claim has been infringed;
  5. A description of where the material that you claim is infringing is located on the Website; and
  6. Your address, telephone number, and e-mail address.

Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: info@aetrex.com

We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act ("DMCA"), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials. We will terminate access to those users who are repeat infringers.

Submissions of User Content & User Information:

Other than personal information, which is subject to the Website’s Privacy Policy, any material, information, suggestions, ideas, questions, comments or other communications you transmit or post to the Website in any Manner (“User Submissions”) is and will be considered non-confidential and non-proprietary.  Aetrex may use any or all User Submissions for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, and/or marketing in any manner whatsoever for any or all commercial and non-commercial purposes.  Aetrex may, but is not obligated to, monitor or review any User Submissions.  Aetrex shall have no obligation to use, return, review, or respond to any User Submission. 

Disclaimer of Warranties:

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL SERVICES, CONTENTS, FUNCTIONS, AND MATERIALS HEREIN, ARE PROVIDED  "AS IS", “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE STATED HEREIN, AETREX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE DATA, AVAILABILITY,  CONTENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY CONTENT OR MATERIALS PROVIDED THROUGH THE WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED AND OTHER WARRANTIES.  IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO SUCH WARRANTIES.  THIS PARAGRAPH DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Limitation on Liability:

AETREX SHALL NOT BE RESPONSIBLE TO THE USER OF OUR WEBSITE OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE WEBSITE OR ANY OF THE MATERIALS OR INFORMATION PROVIDED BY AETREX OR THIRD PARTIES THROUGH THE WEBSITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF AETREX HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED.  IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.  THIS PARAGRAPH DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Indemnification:

You hereby agree to indemnify, defend and hold Aetrex and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including reasonable attorneys fees,  incurred by the Indemnified Parties in connection with any of your submissions,  any claim arising out of any breach by you of the Terms of Use or otherwise arising from your misuse of the Website, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Aetrex  reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO AETREX’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

Termination:

Aetrex may, in its sole discretion, terminate or suspend a user's access to all or part of the site for any reason, or no reason whatsoever including, without limitation, breach of the Terms of Use.

Access To and Availability of Links:
The Website contains links to other related World Wide Web Internet sites and resources. Aetrex  is not responsible for the availability of external sites or resources linked to this site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Aetrex. Because Aetrex is not responsible for the availability of these outside resources or their contents, you should review the terms and conditions of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Arbitration of Disputes & Jurisdiction – No Class Action Lawsuits:

Customer satisfaction is a top priority at Aetrex.  If you experience a problem, Aetrex will try and resolve your issue.  If we are unsuccessful, you may pursue claims as explained in this Section.

You agree first to allow us an opportunity to resolve any claim or dispute that you may have that relates in any way to the Website, our products, any interaction that you may have with our customer service representatives, any services we provided, any representations made by us on the Website or elsewhere, warranties, these Terms of Use, agreements between us, or any issues you may have with Aetrex’s Privacy Policy (collectively, “Claims”) by first contacting us at the address listed at the end of these Terms of Use.   If we are unable to solve your Claim(s) within sixty (60) days from your notifying us, you may seek other relief through arbitration as described in further detail below.

ALL CLAIMS THAT YOU MAY HAVE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT.  

THIS INCLUDES, ANY CLAIMS YOU MAY ASSERT AGAINST AETREX, OUR SUBSIDIARIES, OUR AFFILIATES, OUR MANUFACTURERS, OUR VENDORS, OR ANY INDIVIDUALS OR ENTITIES OFFERING PRODUCTS OR SERVICES THROUGH US.  THIS ALSO INCLUDES ANY AND ALL CLAIMS THAT AROSE BEFORE YOU ACCEPTED THESE TERMS OF USE, REGARDLESS OF WHETHER PRIOR VERSIONS OF THE TERMS OF USE REQUIRED ARBITRATION.

IN ARBITRATION, THERE IS NO JUDGE OR JURY, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT;  AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR MAY AWARD, ON  AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING STATUTORY DAMAGES, ATTORNEYS’ FEES, AND COSTS), AND MUST FOLLOW AND ENFORCE THESE TERMS OF USE THE SAME AS A COURT WOULD.

ANY AND ALL PROCEEDINGS TO RESOLVE AND ARISING OUT OF OR CONNECTED TO CLAIMS SHALL BE CONDUCTED AND RESOLVED ONLY ON AN INDIVIDUAL BASIS AND  WITHOUT RESORT TO ANY FORM OF CLASS ACTION, OR OTHER TYPE OF CONSOLIDATED OR REPRESENTATIVE ACTION.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

YOU AGREE TO BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF NEW JERSEY. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US TO ENFORCE THESE TERMS OF USE, OR RELATING TO OR IN CONNECTION WITH ANY MATTERS RELATED TO THIS WEBSITE, WILL BE RESOLVED EXCLUSIVELY IN NEW JERSEY, BERGEN COUNTY TO THE EXCLUSION OF ANY OTHER POTENTIAL VENUE. ARBITRATIONS SHALL  BE CONDUCTED EXCLUSIVELY BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE AAA CONSUMER RULES AND SHALL TAKE PLACE EXCLUSIVELY IN BERGEN COUNTY, NEW JERSEY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. AN ARBITRATION DECISION MAY BE CONFIRMED BY ANY COURT WITH COMPETENT JURISDICTION. 

This Agreement has been made in and shall be construed and enforced in accordance with New Jersey law.
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PRIVACY POLICY

Aetrex believes in protecting your privacy.  Please click here to review our current Privacy Policy, which also governs your use of the Website and, stated above, is incorporated by reference, to understand our practices: Privacy Policy 

CONTACT US
AETREX WORLDWIDE, INC.
414 Alfred Ave,
Teaneck, New Jersey 07666
Phone: (888) 526-2739 | Fax: (800) 526-0073

For Return Policy & Terms of Sales please see here.