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BLISTER PREVENTION USA: WEBSITE TERMS OF USE

Last update: 01 October 2020

This website is owned and operated by BlisterPod LLC EIN 32-0604592, its successors and assignees (we, our or us). It is available at: blisterprevention.us/ (Site) and may be available through other addresses or media channels operated by us.

These Website Terms of Use (Terms) govern your use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully, and if you have any questions, please contact us using the contact details at the bottom. Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted them. If you do not accept these Terms, you are not allowed to access and use the Site.

The Site incorporates our other agreements and policies by reference, including our product Terms of Sales, Privacy Policy, Service Terms and Conditions and other agreements. You are required to also read these agreements and consent to them. Your use of the Site, your purchase of any products from it, your use of our blister prevention service and other services provided through the Site confirms that you have read these agreements and policies and that you have agreed to them.

1. Information:

The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, nor is it to be construed as a professional advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

2. Amendment:

The Information and these Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

3. Your warranties:

You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site. You also warrant to us that you are at least 18 years of age as at the time you are accessing the Site, and that your use of the Site does not go against any applicable law, statute, ordinance, regulation or rule of any location.

4. Licence to use the Site:

Subject to your compliance with these Terms and your ability to access the Site, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site and any Information for your personal, non-commercial use, in accordance with these Terms. All other uses not granted to you hereunder are prohibited without our prior written consent.

5. Prohibited Conduct:

You must not:
(a) Use the Site for any activities, or post or transmit any material from the Site:

  • unless you hold all necessary rights, licences and consents to do so;
  • that infringes the intellectual property rights or other rights of any Person;
  • that would cause you or us to breach any law, regulation, rule, statute, ordinance, code or other legal obligations;
  • that defames, harasses, threatens, menaces, offends or restricts any person;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
  • that would bring us or the Site into disrepute;

(b) Interfere with or inhibit any user from using the Site;

(c) Use the Site to send unsolicited email messages;

(d) Attempt to decompile, disassemble or reverse-engineer the Site or any parts of it in order to know the source codes or do derivative works from it;

(e) Attempt to gain access to any portion of the Site which you have not properly gained access to, including, without limitation, attempting to gain access to our products or bypass the payment section without a proper payment method;

(f) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, worms or piracy or programming routines that may damage or interfere with the Site; or

(g) Facilitate or assist another person to do any of the above acts.

The Site contains material which is owned by or licensed to us and is protected by Australian, the United Statesand international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout, web design and other Information.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
(a) altering or modifying any of the code, the material or any Information on the Site;
(b) causing any of the material or Information on the Site to be framed or embedded in another website;
(c) creating derivative works from the content or any Information on the Site; or
(d) using the Site for commercial purposes.

7. Republishing:

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:
(a) you must make no alterations to the material;
(b) you must attribute the material to our Site, including linking back to our Site where possible; and
(c) you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

8. Privacy:

We are committed to protecting your privacy. We do not use your personal information for other purposes other than as described under our Privacy Policy. Please read our Privacy Policy which is available on the Site to learn about the personal information we collect, how we collect them and how we use or share them. By agreeing to these Terms and by submitting personal information to us, you agree to how we process or handle your personal information (or personal data) as described in our Privacy Policy.

9. Your content:

If you choose to add any content, including but not limited to images of feet, reviews and comments on our articles, on the Site and other channels, you:
(a) agree that your content will be treated as non-confidential and non-proprietary;
(b) warrant to us that you have all necessary rights to post the content, and that no content will be offensive, obscene, pornographic, lascivious or racial;
(c) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
(d) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

10. Third party information:

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

This Site may contain content and links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve any content or links from Third Party Sites, including any information, products or services mentioned on such Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

12. Reservation of Rights:

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

13. Delays and outages:

We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

14. Limitation of Liability:

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site or any material or Information.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms,the Federal Trade Commission and any applicable law in your location to the extent applicable. We will not be liable for any damages or loss of profit, goodwill, data or other intangible losses, even if we may have had prior knowledge about the damages occurring.

Some states or locations do not permit the exclusion or limitation of certain damages. If you are resident in any of these locations, then some or all of the above limitations may not apply to you, and you may have added rights.

15. Disclaimer:

The Site and any material or Information provided through it are provided to you without representations and warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free; that any defects will be corrected; that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components; or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
(b) Third Party Information; or
(c) Third Party Sites.

You read, use, and act on material or Information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

16. Not medical advice:

You agree that any Information, material insights or guidance contained on our Site, whether or not it is published by us, is not an attempt to practice medicine or provide professional medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Your use of the Site does not establish a doctor-patient relationship between us. Information available on the Site should not be used as a substitute for professional diagnosis and treatment. Any health information on the Site is provided simply for your convenience and informational purposes only. The Site is intended for general information purposes only and does not take into account your own personal circumstances. Information available on the Site is not intended to be advice, not intended to be relied upon, and is not a substitute for professional medical advice based on your personal circumstances.

17. Podiatry advice:

From time to time, we may provide podiatry advice to you through email correspondence or via other communication channels on the Site. In such circumstances, you acknowledge and agree that the advice is provided by us in good faith based only on the information that you provide to us. We do not accept any liability, and will not be responsible for, any harm or loss suffered by you, as a result of our advice, where the information provided by you was inaccurate and/or incomplete.

Furthermore, where we recommend you seek advice or assistance from other third parties, which may include medical or podiatry specialists, clients, or other websites, we are not acting as a referral agent, we receive no referral fees, and we are not responsible for the services provided by such third parties.

18. Indemnity:

By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site;
(b) any advice, material or Information obtained from the Site;
(c) any breach by you of these Terms or any applicable law, statute, ordinance, regulation or rule; or
(d) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

19. Breach:

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must referain from using the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

20. Exclusion of Competitors:

You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

21. Enforceability:

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which shall continue in full force and effect.

22. Further Assurances:

Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

23. Termination:

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

24. Disputes:

(a) Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Site, please contact us. If there is a dispute between you and us in relation to these Terms or your access and use of the material and Information on the Site, you agree to the following dispute resolution procedure:
i. You must submit the nature of your claims in writing to us via [email protected] and the actions you think will settle your claims. You agree to meet with us via Skype or phone conference in good faith to seek to resolve the dispute by agreement (Initial Meeting).

ii. if the dispute is not resolved after the Initial Meeting, you and us both agree to settle any dispute by binding arbitration rather than in court. However, you may assert your claims in small claims court if they qualify. The arbitration and these Terms shall be governed by the Federal Arbitration Act and federal arbitration law of the United States.

To commence an arbitration, you must send a notice to us via [email protected] or our address below. The arbitration shall be conducted under the American Arbitration Association (AAA) under its arbitration rules (including the AAA’s Supplementary Procedures for Consumer-Related Disputes), which are found at its website at www.adr.org. The payment of filing and arbitration fees shall be governed by the AAA’s rules. If the costs are determined to be excessive by the arbitrator, we will pay the costs. The arbitration may be conducted by phone, written submissions or in-person, as agreed to between the parties.

Parties agree that no dispute shall be brought on class action, representative or consolidated capacity but as individual basis. If a claim is subject to court rather than binding arbitration, then you and us both waive any right to a jury trial.

We both agree that the following disputes shall not be subject to binding arbitration:
i. Any dispute seeking to enforce our right and intellectual property;
ii. Any dispute relating to theft, privacy or unauthorised use; or
iii. Any claims seeking injunctive relief.

25. Jurisdiction:

Your use of the Site and any dispute arising out of your use shall be subject to the laws of the state of Delaware, United States without regard to conflict of laws and its principles. The Site may be accessed throughout Australia, the United States and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia and the United States. If you access the Site from outside Australia and the United States, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

26. Contact Us

For any questions or notice, please contact us at:
BlisterPod LLC
EIN: 32-0604592

16192 Coastal Highway, Lewes, Delaware 19958
Phone: 1 (302) 608-0773
Email: [email protected]