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Terms of Use

Thank you for visiting the The Insole Store.com Web site (the "Site") which is a division of Maxem Enterprises, Inc. Dba: Online Insole Sales. Please carefully read the following Terms of Use before using the Online Insole Sales Web site. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not use this Site. These Terms of Use expressly incorporate by reference and include the Online Insole Sales privacy policy and any guidelines, rules or disclaimers that may be posted and updated on specific Online Insole Sales Web pages or on any notices that are sent to you. Online Insole Sales reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.

Privacy

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

Your Account

When you create an account with The Online Insole Sales, you will be asked to supply an account name and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this site using your account or member name.

With respect to your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Site. Because any termination of your access to the site many be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this site.

Electronic Communications and Opt-Out Notice

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

When you provide us with an e-mail address or other contact information via the Site, we may use the information to occasionally notify you about special Online Insole Sales sales or services and other valuable updates to personalize you’re Online Insole Sales shopping transactions. If you prefer that we not contact you in this manner, we will promptly remove you from our e-mail address list at your request.

Disclaimer for Health Content Pages

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the Site, such as text, graphics, images, information obtained from Online Insole Sales licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Site describes general principles of lower body healthcare that should not in any event be construed as specific instructions for individual consumers. The Content is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis or treatment. This healthcare content is for reference only and should not be used to determine treatment for specific medical conditions only a healthcare provider can do that. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by Online Insole Sales, Online Insole Sales employees or others appearing on the Site at the invitation of Online Insole Sales is solely at your own risk.

You should discuss the information provided with a podiatrist, physician or other licensed healthcare professional, and make sure to read any product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, support, brace, compression hosiery, shoes intended for use by diabetics, skincare product, herb, vitamin or supplement discussed on this site.

Proper treatment of lower body health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medications you may be taking. Your healthcare provider can best assess and address your individual healthcare needs.

Copyright and Trademarks

All content included on the Site, including, without limitation, text, graphics, logos, icons, images, audio clips and video, is the property of Online Insole Sales 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 Site for noncommercial use for the sole purpose of placing an order with Online Insole Sales or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of Online Insole Sales is strictly prohibited.

All trademarks, logos, service marks and trade names are proprietary to Online Insole Sales or other respective owners that have granted Maxem Enterprises, Inc. the right and license to use such intellectual property.

Product Descriptions & Order Fullfillment

We attempt to be as accurate as possible on this Site. However, we do not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in an unused condition.

Incorrect orders: We pay for the shipping both ways. (Wrong Item or wrong size from what you specified) Defective or Warranty Items: We pay for the shipping both ways. (you will get the same product sent back to you.) Exchanges: This includes size changes, You pay postage and we will exchange for unused items or upgrade for full value of your purchase.

Canceled Order: Return Without Exchange: All item that are being returned for a refund are subject to a 20% restocking fee plus the cost of postage used to send the item to you. They must be with the original box and in New Condition, as deemed by our staff. You are also responsible for return shipping costs.

Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from Online Insole Sales are made pursuant to the following shipping terms: You, the "Purchaser" agrees that when an order is confirmed delivered by the shipping carrier, Online Insole Sales has fulfilled all obligations to you as the Purchaser. Delivery confirmation by the carrier to the address provided satisfies your expectations for delivery and the order will be considered completed. Once your order is confirmed delivered by the shipper, you release Online Insole Sales from any liability for lost or stolen orders. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Back Orders. We work very hard to maintain an adequate inventory on all items displayed and promoted for sale; however, occasionally, a backorder may occur. We will attempt to update the Site to reflect the availability date of any back-ordered item as soon as possible. If an order is placed for any product not displayed on the Site as back-ordered, we will immediately contact you to make you aware if an item is back-ordered and give you the option of waiting for the product, receiving a full refund, or substitute the item for another product. Of course, all back-ordered items will be shipped free.

SALES TAX. North Carolina customers will be charged 7.25% sales tax, added at checkout. Customers outside the State of North Carolina are responsible for their state’s respective sales taxes and/or other associated taxes.

Disclaimer of Warranties

THE INSOLE STORE.COM WEB SITE AND ALL CONTENT IS PROVIDED "AS IS." EXCEPT AS OTHERWISE STATED HEREIN, ONLINE INSOLE SALES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT 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 MATERIALS PROVIDED OR PRODUCTS OFFERED THROUGH THE SITE.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold Online Insole Sales and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claim, demand, liability or cost incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use or otherwise arising from your use of the site, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Online Insole Sales reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Links to Third Party Sites

The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Online Insole Sales. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such sites.

Applicable Law

We control the Site from our offices within the United States of America. We make no representation that the content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to the Site, the products provided through the Site or the Content shall be governed by the internal laws of the State of North Carolina, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Charlotte, Mecklenburg County, North Carolina, U.S.A.

Termination

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Miscellaneous

These Terms of Use (taken together with any purchase order submitted by you) constitute the entire agreement between you and Online Insole Sales and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

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Online Insole Sales338 Sharon Amity Rd. #144Charlotte, NC 28211