This website (the "Site") is published and maintained by Xtreme Orthopedics, LLC, DBA Flexxline. (the "Company"). When you access, browse, or use this Site you accept and agree to, without limitation or qualification, the terms and conditions set for the below.
YOUR RIGHT TO USE THE SITE AND ITS CONTENTS
The Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, the Company grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
All materials on the Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (the "Content") are copyright-protected by U.S. copyright law, international conventions, and/or other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trademarks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and/or criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home or for legitimate and lawful business use. If you download any Content from the Site, you may not remove any copyright or trademark notices or other notices that accompany it.
RIGHTS TO USER'S MATERIAL
The Company welcomes your feedback, and is pleased to have you submit your comments regarding its products. However, we request that you be specific in your comments, and that you do not voluntarily submit any ideas, suggestions or materials related to the business of the Company. If, despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of the Company ("Submissions"), these Submissions shall be deemed, and shall remain, the exclusive property of the Company. No Submissions shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing the Company shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and the Company shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.
SECURITY OF ELECTRONIC TRANSMISSIONS
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.
LINKS TO OTHER WEBSITES
The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implies, as to the accuracy legality, reliability, or validity of any content on any other website.
DESCRIPTIONS OF PRODUCTS
The Company attempts to provide accurate descriptions of all products displayed on the Site. However, we do not warrant that the product descriptions are complete or error-free.
AVAILABILITY OF PRODUCTS
The products displayed on the Site may not be available in your particular country, state or locality. The reference to such products on the Site does not imply or warrant that these products will be available at any time in your particular location. The Company attempts to provide accurate and up-to-date information through this Site, but we do not warrant that the information is complete or error-free.
RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE OR SITE CONTENT
The Company may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
DISCLAIMER OF WARRANTIES AND DAMAGES
Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed $100.00.
These Terms and Conditions of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Arkansas, United States of America, without reference to its conflicts of law rules.
INTENDED AUDIENCE OF THIS SITE
This Site is primarily intended for business use by (i) representatives of actual and potential customers interested in learning about the Company or purchasing Company products.
This Site is not intended to attract or be used by children under the age of 13 without verifiable parental consent, and the Company will not knowingly collect personal information from such visitors.
COLLECTION OF INFORMATION ABOUT YOU
The Company collects personal information from its customers and prospective customers primarily to assist in meeting their needs for athletic support, sports medicine products and devices, apparel, and accessories, and orthopedic devices and goods. We collect such information directly from you through this Site, in responses to our specific requests and via e-mail, web input screens and forms, and our newsletter sign-up. The types of personal information we collect includes, but is not limited to, your name, age, gender, street address, and e-mail address. You should carefully limit the personal information you voluntarily provide to strictly that which is necessary for the Company to respond to your inquiry or address your needs for athletic footwear, apparel And accessories.
AUTOMATIC COLLECTION OF INFORMATION
As you navigate this Site, certain limited information can and may be collected automatically from you without your active involvement, using methods known as cookies, pixel tags/web beacons, and navigational data collection (“Collection Tools”). Some of the information (e.g., type of web browser) does not identify who you are. Other information, such as your Internet Protocol ("IP") address, may identify you indirectly, when supplemented with other commercially available sources of information.
Most web browsers are set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. NOTE: If you choose to turn off certain Collection Tools, you may not have access to many features that make your experience more efficient, and some of our services and features may not function properly. However, you can still place product orders over the telephone by contacting us directly at 1-844-FlexxUS (353-9987). Note that the Site and our third-party advertising services may not recognize or respond to Do Not Track (DNT) headers from web browsers.
Furthermore, our computer servers automatically record information that your browser sends whenever you visit a website. These server logs may include information, such as the portions of the Site accessed, the IP address assigned to your computer, the type of browser used by your computer, the date and time of your access to the Site, and one or more cookies that may uniquely identify your computer.
COLLECTION, DISCLOSURE, USE AND RETENTION OF INFORMATION OTHER THAN EMPLOYEE DATA
CHOICES FOR DISCLOSURE AND USE OF PERSONAL INFORMATION
ACCESS AND CORRECTION
To access your personal information in the possession of the Company and correct inaccuracies of that information in our records, please contact us directly at www.askFlexxline.com. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation.
The Company takes reasonable measures to safeguard your personal information against unauthorized access, disclosure, copying, use or modification, whether or not in electronic format. We use industry-standard technological precautions. You should keep in mind that no combination of security measures can ever provide guaranteed protection all the time. We caution you that e-mail may be particularly vulnerable to unauthorized interception, eavesdropping, modification and spoofing, and, therefore, you should take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers or other special access features on this Site, it is your responsibility to safeguard them.
When we receive a formal written complaint, our Privacy Officer will contact the author within a reasonable period of time regarding his or her concerns and attempt to resolve these concerns directly with this individual. If a complainant believes that the Company has engaged in possible unfair or deceptive practices and legal or regulatory violations in connection with its privacy obligations, he or she may file a complaint with the Federal Trade Commission through its website http://www.ftc.gov We will cooperate with the U.S. Federal Trade Commission to resolve any complaint regarding the collection, disclosure, use and retention of personal information that cannot be resolved between the Company and the complainant
The Company has in place procedures for maintaining the confidentiality of personally identifiable information.
LINKS TO OTHER WEBSITES
This Site may contain links or references to third-party websites that are not affiliated with the Company. The inclusion of any link does not imply the Company’s endorsement of any other company, its websites, or its products and/or services. Any such linked websites have separate and independent privacy policies which we encourage you to read carefully. Please be aware that the Company has no control over linked third-party websites and, therefore, no responsibility or liability for the manner in which the organizations that operate such websites may collect, disclose, use or otherwise treat your personal information.
Your use of this Site is subject to our Terms and Conditions of Use.
HOW TO CONTACT US
To correct or update any personal information previously collected by us, please follow instructions at the original point of collection on this Site, send an e-mail message to us at firstname.lastname@example.org or by writing to us at Privacy Officer, Flexxline, 201 W. Van Asche, Fayetteville Arkansas 72703 U.S.A.