Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY
The Terms of Use establish the rules for use of this web site and apply to people who visit this web site. Mobility Direct offers, and you have an interest in using and benefitting from, Mobility Direct's eCommerce portion of its web site ("Service"). These eCommerce Terms of Use establish the rules for Mobility Direct authorized customers to use the Service (the "Users"). These Terms of Use do not apply to other web sites. In order to use the Service, you have read and agree to the Mobility Direct Privacy Policy, and those terms are incorporated into these Terms of Use.

These Terms of Use were made effective on May 1, 2015 and may change at any time at Mobility Direct's discretion, so please review the Terms of Use each time you visit this web site. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.

OUR COPYRIGHTS AND TRADEMARKS
Mobility Direct owns or has license to use the information on this web site, including the names of the products. The materials are protected by United States and foreign copyright laws. This means that you can download or print the information provided for your personal use only. If you use Mobility Direct's materials or trademarks in violation of these Terms of Use, then you are violating your agreement with Mobility Direct and may be in violation of copyright, trademark, and other laws. If Mobility Direct determines that you have violated these Terms of Use, Mobility Direct will revoke your permission to use this web site. Mobility Direct retains title to the information on this web site and title to the information also remains with authors of the information on this web site. All rights not expressly granted are reserved.

SERVICE REQUIREMENTS
You must be legally able to use this Service in the jurisdictions where you reside or use this Service and be duly authorized to prescribe, purchase and/or use the products you purchase in such jurisdictions, as applicable. You acknowledge that Mobility Direct shall use the email address you provided as the primary method for communication. You are responsible for keeping your User identification and password secure, and Mobility Direct cannot and will not be liable for any loss or damage from your failure to maintain the security of your information. To the extent you delegate your purchasing rights under the Service, e.g., to a purchasing manager, administrative agent, etc., you and your account will remain responsible for their use of the Service. By signing up for the Service, you have designated the purchaser or account name for purchases made through the Service, and you are representing that you have full right and authority to act on behalf of the account. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell or explain any portion of the Service without the express written permission by Mobility Direct.

ORDER PROCESS
When you purchase Mobility Direct products through the Service, you shall order by filling and submitting an order through our shopping cart and checkout. Mobility Direct shall accept or reject such order within ten (10) days. Each accepted order shall be deemed to become incorporated herein by reference as if attached and made an integral part of this Agreement. Additionally, terms, provisions or conditions on any purchase order, acknowledgement, or other business form or writing that you may provide to Mobility Direct or use in connection with the procurement of products or services from Mobility Direct will not affect the rights, duties or obligations of the parties using the Service.

GENERAL AND SUPPORT CONDITIONS
Mobility Direct shall only provide technical support via telephone. You understand that your information shall be transferred encrypted, via SSL. Such transmissions may occur over various networks and may change to conform and adapt to technical requirements of connecting networks or devices. You expressly understand the limitations of liability you agreed to in our Web Site Terms of Use. Your use of the Service is at your sole risk, and Mobility Direct does not warrant the Service will be uninterrupted, timely, secure, error-free or otherwise guarantees that it will operate as you intend it. Mobility Direct is not responsible for and does not warrant the performance of third-party tools available through the Service, if any.

MOBILITY DIRECT RIGHTS
Mobility Direct reserves the right to modify or terminate, or refuse service to you or anyone at your account with, the Service for any reason, without notice at any time. In the event of a dispute or disagreement over the use of the Service or your account, we reserve the right to (a) request, and you agree to provide, documentation or information from you or your account necessary to confirm circumstances and (b) temporarily disable an account until resolution is determined.

PURCHASE TERMS
You acknowledge and agree that the Service merely enables the online purchasing of products that you currently have access to purchase. You agree that Mobility Direct's Terms and Conditions apply to all purchase made through the Service, including but not limited to payment, shipment, return, product warranty terms. To the extent that you purchase non-Ottobock products that are available on Mobility Direct, you can find the manufacturer warranties, along with Ottobock’s warranties, at this page and acknowledge your receipt of such product warranty terms.

LINKS TO OTHER WEB SITES
This web site may contain links to web sites not operated by Mobility Direct and Mobility Direct does not review, control, or monitor the materials on any other web sites. Your use of other web sites is subject to the terms of use of those web sites and not these Terms of Use.

NO WARRANTIES.
ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. MOBILITY DIRECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBILITY DIRECT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.

MOBILITY DIRECT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. USERS OF THIS WEB SITE ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY.
YOU AGREE THAT NEITHER MOBILITY DIRECT NOR ANY PERSON OR COMPANY ASSOCIATED WITH MOBILITY DIRECT SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS MOBILITY DIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF MOBILITY DIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL MOBILITY DIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF MOBILITY DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Mobility Direct seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

REQUIRED NOTICES
It's our policy to respond to notices of alleged copyright infringement. If you believe Mobility Direct or one of our third party partners is infringing your intellectual property rights, you can contact Mobility Direct at 1-800-328-4058. We will expeditiously disable access or remove the content and notify the applicable merchant.

Typographical Errors
In the event that a listed product on this web site is mistakenly listed at an incorrect price, Mobility Direct reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mobility Direct reserves 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 cancelled, Mobility Direct shall issue a credit to your credit card account in the amount of the incorrect price.

NOTICE
Mobility Direct may deliver notice to you by means of e-mail, a general notice on the web site, or by other reliable method to the address you have provided to Mobility Direct.

MISCELANEOUS
Your use of this web site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products) shall be in the state or federal courts located in Sacramento County, California. Any cause of action or claim you may have with respect to the web site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. Mobility Direct'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. Mobility Direct may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE
Harassment in any manner or form on the web site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Mobility Direct or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER
Mobility Direct does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and access user-generated content on the site, Mobility Direct is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Mobility Direct reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Mobility Direct in its sole discretion.

USER COMMENTS
We welcome your comments about our web site, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind any including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively comments) at or otherwise through the web site, you:

  • Grant to Mobility Direct , its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
  • Represent and warrant to Mobility Direct that you own or otherwise control all rights to such comments and that disclosure and use of such comments by Mobility Direct (including without limitation, publishing content at the web site) will not infringe or violate the rights of any third party; and
  • Acknowledge that the comments may not be treated confidentially.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO MOBILITY DIRECT, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.

QUESTIONS ABOUT THE SERVICE
Please contact Mobility Direct at 1-877-914-1830 with questions about the Service.

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