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Disclaimers

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING Heel'S WEB SITE. By accessing or using this web site, you are agreeing to these terms and conditions of use, and all disclaimers stated herein. If you do not agree to these terms you may not use this web site.

AGREEMENT WITH Heel

Heel's web site is available for your use conditioned on your acceptance without modification of the terms, conditions, disclaimers and other notices contained herein. By using Heel's web site you are agreeing to all such terms, conditions, disclaimers and notices. These terms and conditions, or any of them, may be revised, updated, modified or terminated by Heel without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer of Representations and Warranties, Limitation of Liability, Indemnification, Governing Laws, Jurisdiction and Statute of Limitations, shall survive any termination.

Authorized use of text and/or images on this web site may be obtained only via signed agreement with Heel For additional information regarding this process, please contact Heel at: 1-800-621-7644 x 2952.

USE OF WEB SITE.

Unless otherwise specified, the Heel web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or products obtained from the Heel web site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy materials from Heel's web site solely for your own noncommercial use, or to place an order with Heel, Inc or the third party vendors linked to Heel¹s web site. Any other use of materials on Heel's web site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this web site, without prior written permission of Heel is strictly prohibited.

COPYRIGHTS AND TRADEMARKS.

The entire content included in Heel's web site, including but not limited to text, design and graphics, and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Heel The collective work includes works that are licensed to Heel Copyright, 2003. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names are trademarks or registered trademarks of and are proprietary to Heel, Inc and third parties and may not be used without permission.

THIRD-PARTY LINKS.

This web site contains links to other web sites on the Internet that are owned and operated by third party vendors and other third parties. Please note that even if such a third party is affiliated with Heel, Heel has no control over these linked web sites, all of which have separate privacy and data collection practices, independent of Heel Heel has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience and any access by you of such web sites is at your own risk. Links do not imply that Heel sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such third party web sites. Please contact the applicable third party web site administrator regarding any concerns with its link or the contents of its web site.

TYPOGRAPHICAL ERRORS.

In the event a Heel product is listed at an incorrect price due to typographical error or error in pricing information, Heel shall have the right to refuse or cancel any orders placed at the incorrect price. Heel shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Heel shall issue a credit to your credit card account in the amount of the incorrect price.

GOVERNING LAWS; JURISDICTION; STATUE OF LIMITATIONS.

Your use of this web site shall be governed in all respects by the laws of the State of New Mexico, U.S.A. applicable to agreements wholly made and performed in New Mexico, without regard to choice of law provisions, and shall not be governed by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over you and venue in any legal proceeding directly or indirectly arising out of or relating to this web site (including but not limited to the advertising and sale of Heel products) shall be in the state or federal courts located in Bernalillo County, New Mexico which is where the corporate offices of Heel are located. You also agree that service of process on you may be by overnight delivery or express mail at your last known address. Any cause of action or claim you may have with respect to the web site (including but not limited to the advertising and sale of Heel products) must be commenced within one (1) year after the claim or cause of action arises. Heel's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Heel may assign its rights and duties under this Agreement to any party at any time without notice to you.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

Heel makes no representations or warranties about the accuracy or completeness of this web site's content or the content of any third party web site that can be accessed from this web site.

THIS WEB SITE AND THE MATERIALS, INFORMATION, AND PRODUCTS DESCRIBED HEREIN, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Heel DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Heel DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Heel DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL Heel BE LIABLE FOR ANY DAMAGES OTHER THAN ACTUAL DIRECT MONETARY DAMAGES INCURRED DUE TO PERSONAL INJURY. Heel SHALL NOT BE LIABLE FOR ANY ECONOMIC, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, NOR SHALL Heel BE SUBJECT TO INJUNCTIVE RELIEF, DISGORGEMENT, RESTITUTION OR ANY OTHER DAMAGES OTHER THAN THE PAYMENT OF ACTUAL DIRECT MONETARY DAMAGES, EVEN IF Heel HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Heel, its officers, directors, employees, agents, licensors and vendors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Heel's web site using your Internet account.