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Terms of Use
BEFORE USING THIS WEBSITE, PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or using this website or other
NormaTec
product or service (collectively the "Services") on any computer, tablet, mobile
phone or other device (collectively, "Device"), you signify that you have read,
understand and agree to be bound by these Terms of Use and any other applicable
law. NormaTec may change these
Terms of Use at any time without notice, effective upon its posting to the
Services. Your continued use of the Services shall be considered your acceptance
to the revised Terms of Use. If you do not agree to these Terms of Use, please
do not use our Services or this website.
Submissions by Users and User Generated Content
While using our website or Services you will have the opportunity to
register with our site and/or post data, photos and information about you and
your use of our products at our site.
In addition, you may have an opportunity to submit comments and reviews
regarding the website, our products and/or our Services. Furthermore,
certain activities of the website, including occasional contests, promotions or
solicitations of users, will solicit and encourage the submission and/or
uploading of materials from users. Any user content submitted to our
website, including but not limited to any comments, feedback, reviews, notes,
messages, ideas, suggestions, photographs, images, data, (including metadata
attached to any images), responses to contests, promotions or other requests for
materials and all other communications and content sent to us or through our
Services (“UGC”), become the property of NormaTec upon receipt and NormaTec
shall have no obligation to return such UGC to a user. Furthermore, by
submitting any UGC by uploading it directly to our website (“Uploaded UGC”), you
hereby grant to NormaTec a perpetual, worldwide, irrevocable, unrestricted,
nonexclusive, royalty-free right and license to use, copy, display, license,
sublicense, adapt, distribute, publicly perform, publish, transmit, modify,
edit, translate, and otherwise exploit such Uploaded UGC in all media now known
or hereafter developed without further notice to you or authorization from you.
You hereby waive any claim against NormaTec for any alleged or infringement of
any intellectual property rights, other proprietary rights, rights of privacy or
publicity, moral rights, or rights of attribution in connection with any such
UGC, and you expressly release all claims relating to the foregoing. You agree to submit only UGC that
complies with these Terms of Use.
By posting, uploading or communicating any information or content to
NormaTec you expressly acknowledge that your UGC is not confidential or
proprietary and you represent and warrant that you have the right to grant the
license rights above.
Eligibility and Registration
To post UGC, you may be required to register for an account. You agree to
provide accurate and current information about yourself in all registration
forms on the Services. This Services are intended solely for users who are
thirteen (13) years of age or older and it is a violation of these Terms of Use
for anyone under 13 to register for and/or upload information to the Services.
You represent and warrant that you are 13 or older. Your account and UGC may be
deleted without warning if you misrepresent your age, whether older or younger.
Posting Rules
You are solely responsible for
your UGC, your interactions with other users and your activity on the Services.
Do not take any action or post anything that may expose
NormaTec or its users to any harm
or liability of any type.
You expressly acknowledge and
agree that you are responsible for ensuring that any UGC that you post does not,
and will not, infringe or violate anyone else's rights, including copyright,
patent, privacy, publicity, trade secret, trademark, or other personal or
proprietary rights. You agree not to submit UGC unless you are the owner or have
written permission from the owner to post such UGC.
Do not misrepresent yourself,
your age or your affiliation with any person or entity.
Do not post any material on the website which has been
disclosed to you in confidence or which, by its nature, is confidential. Do not
post any material on the website which compromises the privacy or security of
anyone including yourself.
Do not impersonate any person or entity, including without limitation
athletes or NormaTec employees.
Any reviews or content submitted by users in any pages of the
website where you are capable of posting material are provided for your private
and non-commercial use and for the exchange of appropriate, fair, lawful, and
relevant information, opinions and comment. Use of the Services that is
inconsistent with those stated purposes is strictly prohibited.
Do not post UGC, or a link to
other content, that, is abusive; deceptive; defamatory; false; fraudulent;
harassing; harmful; hateful; illegal; inaccurate; indecent; inflammatory;
infringing; insulting; intimidating; invasive of privacy, publicity,
intellectual property, proprietary or contractual rights; libelous; malicious;
misleading; obscene; offensive in a sexual, racial, cultural, ethnic or any
other context; pornographic; sexually explicit; threatening; violent; vulgar;
will harm or threaten the safety of others; or that is otherwise objectionable
(“Offensive Content”). Do not place any links on the website where those links
take users to unlawful material or material that violates these Terms of Use. You acknowledge and agree that NormaTec shall have sole discretion
to determine what constitutes Offensive Content.
Do not collect, use or post on
the Services the personal information of anyone else without their consent or
for illegal purposes. Do not collect personal information from other users of
the Services. Do not use automated scripts to collect information from, or
otherwise interact with, the Services. Do not “stalk,” intimidate, abuse, harm
or harass another user of our Services or this website. Do not post any UGC,
take any action or use the Services in a way that violates any law, would create
liability or promotes illegal activities.
You agree not to take any action
designed to interfere, disrupt, damage, disable, overburden or limit the
functionality of our website or the
Services. Do not post UGC that contains software viruses, programs or other
computer code. Do not circumvent or modify any Services security technology or
software.
Content is Prescreened
NormaTec prescreens all UGC. However,
NormaTec does not guarantee the Services will be free from UGC that is
inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise
objectionable.
NormaTec reserves the right to edit, remove, or refuse to post any UGC for any
reason, including comments that,
in NormaTec ’s sole discretion, are
not constructive and relevant.
Intellectual Property
All intellectual property on our website and offered through our Services, is
protected by copyright, trademark, patent or other laws, and is owned by
NormaTec or its licensors. Except
as otherwise indicated on our website, all trademarks, service marks and trade
names (e.g., the NormaTec name and
design) are owned exclusively by NormaTec.
All content on this website and available through our Services, including but
not limited to text, scripts, software, code, designs, graphics, photos, sounds,
music, videos, interactive features and all other content ("Content") is
protected as a collective work under the United States copyright law,
international conventions and other intellectual property laws and is the
property of NormaTec. All rights
reserved. You may only use the
Content as expressly set out in these Terms of Use.
Notification of Copyright Infringement
If you believe that your proprietary work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring on this
website please provide NormaTec
with written notice of same (“Notice”). Such Notice should be provided only if
you believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on the our website.
Your Notice of copyright infringement must include the following information
required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
2.
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3.
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the
material;
4. Information
reasonably sufficient to permit us to contact the complaining party;
5. A statement
that the complaining party has a good-faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or
the law; and
6. A statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Please send your Notice to:
NormaTec Recovery Systems,
Customer Service,
44 Glen Avenue, Newton Center MA 02459, or via email:
preorder@normatecrecovery.com
Links
This website contains links to other websites that are provided solely as
a convenience to users and not as an endorsement by
NormaTec of any third party products, services or any other websites.
NormaTec shall not be responsible for the content of any other websites.
NormaTec makes no representation or warranty regarding any other websites or the
contents or materials on such websites. If you decide to access other websites,
you do so at your own risk.
Product Orders
All orders placed through the Services are subject to
NormaTec’s acceptance. This means that
NormaTec may refuse to accept or may cancel any order, whether or not the
order has been confirmed, for any or no reason, and without liability to you or
anyone else. If your credit card has already been charged for an order that is
later cancelled, NormaTec will
issue you a refund.
Website Use Restrictions
You may use the Content from our website only for your own non-commercial use in
connection with our Services, or to place an order or purchase
NormaTec products. You agree not to
change or delete any ownership notices from materials downloaded or printed from
our website or through our Services. You agree not to modify, copy, translate,
broadcast, perform, display, distribute, frame, republish, reproduce, download,
post, transmit or sell any Intellectual Property or Content appearing on the
website or made available through our Services, including UGC, without
NormaTec’s prior written consent.
You agree not to use any data mining, robots, scraping or similar data gathering
methods. Nothing in these Terms of Use shall be interpreted as granting any
license of intellectual property rights to you.
Physical Activity Notice
The Services and content on our website may include features that promote
physical activity. Consider the risks involved and consult with your medical
professional before engaging in any physical activity.
NormaTec is not responsible or liable for any injuries or damages you may sustain
that result from your use of our website or the content available on our website
or through the Services, nor your use of, or inability to use, the features of
the Services, our products and/or our Services.
Indemnification
You agree to indemnify, defend, and hold harmless
NormaTec Industries, LP, its
affiliates, officers, directors, employees, agents, licensors and suppliers from
and against all claims, losses, liabilities, expenses, damages and costs,
including, without limitation, attorneys' fees, arising from or relating in any
way to your UGC, your use of Content, your use of the Services and our products,
your conduct in connection with the Services or with other users of our Services
and this website, or any violation of these Terms of Use, any law, or the rights
of any third party.
Privacy
The collection and use of information through our website or these Services is
further described in our
Privacy Policy, which is incorporated into these Terms of Use by this reference.
User Interaction Disclaimer
NormaTec is not responsible or liable for any
loss or damage resulting from any interaction with other Services users, persons
you meet through the Services or persons who find you because of information
posted on, by or through the Services. You agree to take reasonable precautions
in all interactions with other users on the Services.
NormaTec is under no obligation to
become involved with any user dispute, but may do so at its own discretion.
Warranty Disclaimer
NormaTec is not responsible or liable for any UGC or other Content posted
on our website or available through our Services or for any offensive, unlawful
or objectionable content you may encounter on or through the Services. The
Services, UGC, Content, and the materials and products available through this
website and our Services are provided "AS IS" and without warranties of any
kind. To the fullest extent permitted by law, NormaTec disclaims all warranties,
express or implied, including, but not limited to, implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement. NormaTec
cannot guarantee and does not promise any specific results from use of the
Services, our products or the content of this website. NormaTec does not
represent or warrant that the website or ourServices will be uninterrupted or
error-free, that any defects will be corrected, or that this website and THE
ServiceS or the server that makes the website and THE ServiceS available are
free of viruses or anything else harmful. To the fullest extent permitted by
law, NormaTec does not make any warranties or representations regarding the use
of the UGC or Content available through our website or our Services in terms of
their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You
understand and agree that you use the Content at your own risk, and that you
will be solely responsible for your use and any damage to any Device used TO
access this website and/or our Services, including any loss of data or other
harm of any kind that may result. NormaTec reserves the right to change any and
all Content and other items used or contained in the Services at any time
without notice. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
NORMATEC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS SERVICE OR THE PERFORMANCE OF THE
PRODUCTS PURCHASED THROUGH THIS WEBSITE OR THESE SERVCES OR THE CONDUCT OF OTHER
USERS OF THIS WEBSITE OR OUR SERVICES (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE
AT A NORMATEC EVENT OR ANY UGC, EVEN IF NORMATEC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE
PLATFORM. YOUR ONLY REMEDY AGAINST NORMATEC FOR USE OF THE PLATFORM OR ANY
CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF NORMATEC IS FOUND TO BE
LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE
OF THIS WEBSITE OR OUR SERVICES, NORMATEC'S LIABILITY SHALL NOT EXCEED
US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Miscellaneous
You agree that the Services shall be deemed a passive website solely based in
Massachusetts, USA, which does not give rise to personal jurisdiction over
NormaTec in jurisdictions other
than Massachusetts. You agree that the Services, Terms of Use, Privacy Policy
and any dispute between you and NormaTec
shall be governed in all respects by Massachusetts law, without regard to choice
of law provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. Except where prohibited, you agree that all
disputes, claims and legal proceedings directly or indirectly arising out of or
relating to the Services (including but not limited to the purchase of
NormaTec products) shall be
resolved individually, without resort to any form of class action, and
exclusively in the state or federal courts located in Middlesex County,
Massachusetts. You consent to waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and jurisdiction in
the state and federal courts of Middlesex County, Massachusetts. Any cause of
action or claim you may have with respect to the Services (including but not
limited to the purchase of NormaTec
products) must be commenced within one (1) year after the claim or cause of
action arises. By using the Services, you agree to receive certain electronic
communications from NormaTec. You
agree that any notice, agreement, disclosure or other communication that
NormaTec sends you electronically
will satisfy any legal communication requirements, including that such
communications be in writing. NormaTec’s
failure to insist upon or enforce strict performance of any of these Terms of
Use shall not be considered a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall modify any of
these Terms of Use. NormaTec may
assign its rights and duties under these Terms of Use to any party at any time
without notice to you.
Severability
If any provision in these Terms of Use is held invalid, the remainder of these
Terms of Use shall continue to be enforceable. If any provision in these Terms
of Use is deemed unlawful, void or unenforceable, then that provision is deemed
severable from these Terms of Use and the remaining provisions are still valid
and enforceable.
Termination
NormaTec reserves the right in its sole
discretion to delete any of your UGC and restrict your use of all or any part of
the Service for any or no reason, without notice, and without liability to you
or anyone else. NormaTec also
reserves the right to block users from certain IP addresses or Device numbers
and prevent access to the Service. You understand and agree that some of your
UGC, such as that which is displayed outside your profile, in activity feeds, in
other parts of the Service, or on other platforms (e.g., Facebook, Twitter,
Google, etc), may continue to appear on the Service or on other platforms even
after your UGC is removed or your account is terminated. These Terms of Use
remain in effect even after your UGC is deleted.
The Terms of Use relating to Intellectual Property, Indemnification, User
Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability,
Miscellaneous, Severability and terms that by their nature may survive
termination shall survive any termination.
Privacy Policy
NORMATEC Digital Privacy Policy
Last Update: May 14, 2012
This
NormaTec Privacy Policy ("Privacy Policy") describes how we collect and use
information. By accessing or using this website or other
NormaTec product or service on any computer, tablet, mobile phone,
or other device (collectively, "Device"), you agree to our Privacy Policy.
NormaTec may modify this Privacy Policy at any time effective upon
its posting. Your continued use of our products and services constitutes your
acceptance to this Privacy Policy and any updates. This Privacy Policy is
incorporated into, and is subject to, the Terms of Use.
What You Give Us
We collect information you give us or
permit us to access. Information may include, but is not limited to, your name,
image, birth date, age, email and physical address, telephone number, gender,
contact lists, social media information and profile, location (GPS) information,
activity and performance information, and when necessary, credit card
information.
Certain types of information you give
us are considered “public information”. This may include your name, the sport
you play, your location, and an image that can identify you. When we use the phrase "public
information" we mean the information you choose to provide that is always
publicly available. Choosing to post
this public information is exactly what it sounds like:
anyone, including people who have not posted any UGC, will be able to see it.
What We Collect From You
We may automatically collect
information regarding your interaction with, and use of, our products and
services. Information we may collect includes, but is not limited to your Device
identifier and hardware information, IP address, browser type and language,
cookie information, system type, whether you have enabling software to access
certain features, access times, referring website URLs, information about your
purchases and other information about your interactions with us.
What We Collect From other NormaTec
Interactions
and Third Parties
We may combine information you give us
with other information from
NormaTec sources, transactions and communications. This may include, but is
not limited to, information from
NormaTec online transactions, Recovery Centers, direct mail, catalogs,
events, products and applications, or other
NormaTec interactions. We may also combine that information with data that
is publicly available and data from third parties.
Children's Privacy
We do not knowingly collect or solicit personal information
from children under 13.
Using Information
We may use your information to do the
following:
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Enhance, customize and personalize
your
NormaTec
experiences and communications
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Operate, provide, improve and
maintain
NormaTec’s products
and services, including analyzing user behavior and trends
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Send you administrative messages and
other information about
NormaTec
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Communicate with you about your
purchase, account information or customer service
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Communicate with you about our
products, services and events, and for other promotional purposes
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Administer contests, promotions,
events, surveys or other features
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Display relevant marketing to you
Service Providers
We may transfer your information to
NormaTec service providers to conduct our business. They may handle
credit card processing, shipping, data management, email distribution, market
research, information analysis, and promotions management. Any service provider to whom we
transfer your personally identifiable information will have a privacy policy as
restrictive as this Policy and/or will only use the information for the express
purpose for which it was provided.
By Law or to Protect Rights
We may disclose information in the
following scenarios: upon governmental request; in response to a court order;
when required by law; to enforce our policies; or to protect our or others'
rights, property or safety. We may
share information to prevent illegal uses of
NormaTec’s products and services or violations of the
Terms of Use , to
protect against fraud, or to defend ourselves against third-party claims.
Business Transfers
Your information may be transferred to
a third party as a part of our business assets in a sale of a part or all of
NormaTec. If this should happen, notice will be provided by posting
to the website and you will be notified by email or postal mail at the address
you have provided. You will have the opportunity to opt out of having your
information retained by an acquirer at that time.
Protecting Information; No Guarantee
We employ a variety of security
measures, including encryption and authentication tools that are standard in our
industry, to help protect your information. Orders are placed on secure servers.
All purchasing information you supply is transmitted via Secure Socket Layer
(SSL) technology and then stored in a secure database. However, like other
companies,
NormaTec cannot 100% guarantee the security or confidentiality of
the information you provide to us.
Third Party Tracking
We also work with other companies who
use tracking technologies to serve ads on our behalf across the Internet. These
companies may collect information about your interaction with us, including
advertising. Note that if you opt-out from these third party tracking
technologies, you may still see our ads at other websites, but the ads will not
be tailored using third party tracking technologies associated with our website.
Communication/Unsubscribe/Opt-Out
NormaTec may send you service-related communications. To unsubscribe and
stop receiving messages, follow the instructions in the email, text message,
notification or other message type. If you have unsubscribed from any
NormaTec communications, due to production schedules, you may
receive communications already in production.
In addition, you may always contact us at
preorder@normatecrecovery.com
to remove your information and contact details from our database and/or to amend
any information about you.
International Users
This site is directed at the United
States, to U.S. residents and users located in the United States. Our digital operations are conducted
in the United States. Regardless of where you live, if you post to our site
and/or register as a user, you consent to have your personal data transferred,
processed and stored in the United States, and allow
NormaTec to use and collect your personal information in accordance with
this Privacy Policy.
Terms of Use
Your use of our products and services,
and any disputes arising from them, is subject to this Privacy Policy as well as
our Terms of Use. Please visit our
Terms of
Use, which explains other terms governing the use
of our website, its content and our Services.
For questions or concerns, please
contact our Customer Service Department at 1.866.658.5896, via email at
[email protected] or
by writing to us at
NormaTec Recovery Systems,
Customer Service, 44 Glen
Avenue, Newton Center, MA 02459.
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