Terms of Use

The following names match the Ponseti International website.

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1. Last Updated: June 28, 2021
2. The website, NoSurgery4Clubfoot.com, operating as NOSURGERY4CLUBFOOT on behalf of NoSurgery4Clubfoot (the “NoSurgery4Clubfoot”), is owned by Partially Important Productions. The NoSurgery4Clubfoot is also referred to herein as “we”, “us”, or “our”. These terms of Website (“Terms”) govern your use of the NOSURGERY4CLUBFOOT website and all other interactive features and communications we provide in connection with the website, however accessed or used, that we operate, make available, produce, or maintain (collectively, the “Website”). NOSURGERY4CLUBFOOT, including its content, is powered by Frogabog Web Development and NoSurgery4Clubfoot may delegate any of its obligations under these Terms to Frogabog Web Development. Use of this Website or clicking where indicated constitutes acceptance of these Terms. If you do not accept these Terms then you may not use the Website.
3. PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 18 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.
4. NoSurgery4Clubfoot may change these Terms on a going-forward basis at any time and in our sole discretion. If NoSurgery4Clubfoot makes changes to these Terms, we will notify you of the changes. Our notice to you may include sending a message to the email address or text message number you provided to us, or notice through the Website. We will also update the "Last Updated" date at the top of these Terms when we make changes.
5. Your continued use of the Websites will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website and delete your account. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Website.
6. You must be 13 years of age or older to register and use the Website. You certify that you are 18 years old or, if you are between the ages of 13 and 18, that you are using the Website with the supervision of your parent or legal guardian who agrees to be bound by these Terms. Review these terms with your parent or guardian so that you both understand all of your rights and obligations. The Website is intended for, and should only be used, by individuals residing within the United States.
7. Privacy. Data collection and use, including data collection and use of personally identifiable information, is governed by the separately provided Privacy Policy which is incorporated into and is a part of these Terms.
8. Access License. NoSurgery4Clubfoot grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website. The Website may only be used for the intended purpose for which we make it available. We and our licensor(s) reserve all rights to the Website not expressly granted, whether by implication, estoppel, or otherwise.
9. Restrictions. Except as expressly permitted herein, you may not reproduce, sell, resell, or otherwise exploit the Website or any part of it for any purpose without our express written consent. Additionally, you will not: (a) use the Website or any Content for any commercial purpose; (b) make derivative use of the Website or Content; (c) download or copy account information for the benefit of a third party; (d) collect and use any content, including item listings, descriptions, or prices; (e) use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; (f) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (g) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (h) bypass any measures we may use to prevent or restrict access to the Website. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
10. Ownership. Excluding Submissions, we and our licensor(s), vendor(s), agent (s), and content provider(s) own all of the content featured or displayed on the Website, including text, graphics, photographs, images, moving images, sound, and illustrations ("Content"). All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Website. You are responsible for ensuring your use is permissible before reusing any Content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website. The Website, Content, and all related rights remain the exclusive property of NoSurgery4Clubfoot or its licensors, vendors, agents, and/or Content providers unless otherwise expressly agreed, and are protected by U.S. and international copyright laws
11. Trademarks/No Endorsement. All trademarks, Website marks and trade names of NoSurgery4Clubfoot used in the Website or the Content (including but not limited to: NoSurgery4Clubfoot name, NoSurgery4Clubfoot corporate logo, the Website name, the Website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of NoSurgery4Clubfoot or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.
12. Account Registration and Security. You understand that you will need to create an account to have access to all of the parts of the Website, including registration in Health Care Sharing Ministry of the NoSurgery4Clubfoot. You may only register if you are a resident of Florida. You will: (a) provide true, accurate, current, and complete information about yourself or the entity you represent as prompted by the Website's registration or membership page ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are solely responsible for the security and confidentiality of your password and account and for all use of your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Website using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We may provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information may be able to access your account so you should take reasonable steps to protect your personally identifiable information.
13. Health Related Information/Not Medical Advice. The information contained in the Website is provided for informational purposes only. You should not use the information available on or through the Website for diagnosing or treating a health problem or disease, or for prescribing any medication. You should read carefully all packaging prior to use. INFORMATION PROVIDED IN THE WEBSITE IS NOT MEDICAL ADVICE. THE WEBSITE DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC WEBSITES OR PRESCRIBE MEDICATION. USE OF THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL. FOR HEALTH CARE PROFESSIONALS, YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MEDICAL DECISIONS AND ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELL-BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE WEBSITE DOES NOT DIMINISH THAT RESPONSIBILITY. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE.
14. Third Party Links. The Website may contain links to websites that we and our affiliates do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you access any other websites linked to or from the Website, you do so entirely at your own risk.
15. Transactional Partners. We may promote the Websites of third parties (“Partners”) within the Website. In cases where you use Partner Websites, you are transacting directly with the Partner. When using these Partner Websites, you are bound by the Partner’s terms of Website in addition to remaining bound by these Terms. If there is a conflict between these Terms and a Partner’s terms of Website, the Partner’s terms of Website will prevail with respect to the Partner’s Websites. We do not license any intellectual property to you as part of any Partner’s Websites and are not responsible or liable to you or others for information or Websites provided by any Partner.
16. Notification. If you gave us your email address or phone number in connection with your account, then we may send notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you notifications by other means (for example by in-product messages). Data or messaging rates may apply if you receive notifications via SMS.
17. E-Commerce
    1. Memberships. Memberships to NOSURGERY4CLUBFOOT are available for the fee indicated at the time you register for the membership. The membership will continue until you cancel it or until NoSurgery4Clubfoot discontinues NOSURGERY4CLUBFOOT. Refunds are not available for memberships, and the entire cost of a membership is paid at the time you subscribe. We reserve the right to change membership terms.
    2. Shipping Address Eligibility. You may only subscribe to NOSURGERY4CLUBFOOT if you are a resident of Florida and we will only ship your first aid kit and other items associated with NOSURGERY4CLUBFOOT to an address located in Florida. NoSurgery4Clubfoot makes no promise that the Website is appropriate or available for use in locations outside the United States. (“Foreign Territories”), and accessing the Website from Foreign Territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from a Foreign Territory, you do so at your own risk. It is your responsibility to understand and obey all applicable local, state, federal, and international laws (including minimum age requirements) with respect to the use of the Website and the possession, use, and sale of any item provided with the Website.
    3. No Refunds. No refunds are available once the membership is purchased. NoSurgery4Clubfoot reserves the right to limit the number of memberships available for purchase, and we may fulfill or refuse to fulfill any membership registration made by any user, including but not limited to any registration that we reasonably suspect to be for someone other than the registering user.
    4. Content and Specifications. Details of the membership are set out on the Website. All features, content, specifications, associated items and prices described or depicted on this Website are subject to change at any time without notice. Descriptions are approximate and are provided for convenience purposes only. By registering, you represent that you will only use the Website and items in a lawful manner.
    5. Shipping Limitations. Associated items will be shipped by our third party carrier to an address you designate, as long as that shipping address is compliant with the shipping restrictions contained in this Website, and shipping charges may apply. Risk of loss and title for items associated with the Website passes to you upon delivery of the items to the carrier. Signature may be required for deliveries. NoSurgery4Clubfoot does not guarantee any particular delivery date and is not responsible for any delays.
    6. Accuracy of Information. We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Website. We reserve the right, without prior notice, to refuse Website to any customer. We also may require verification of information prior to the acceptance of any membership.
    7. Pricing; Taxes. Prices stated for Websites exclude all applicable taxes unless stated otherwise. Transaction totals with a tax line item may reflect an estimated tax amount. The actual tax amount is calculated based on your shipping location or your location at the time you registered for a recurring Website and many vary from the estimated tax. You are solely responsible for paying all taxes.
    8. Payments. For all charges or deposits for any Websites ordered by you on or through the Website, NoSurgery4Clubfoot or its vendors or agents will charge your card or alternative payment method offered by NoSurgery4Clubfoot, and you agree to pay all such charges or deposits. You understand that we or any of our other vendors may hold and store your payment information to facilitate payment and deposit and damage reimbursement. When you provide card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the card or payment account. We may suspend or cancel the Website if we do not receive an on time, full payment from you. Suspension or cancellation of the Website for non-payment could result in a loss of access to and use of your account and its content. In the event legal action is necessary to collect on balances due, you agree to reimburse NoSurgery4Clubfoot and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access Websites and telecommunications Websites needed for use of the Website.
    9. Special Offers and Promotions. On occasion, NoSurgery4Clubfoot may issue promotion codes for redemption at check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We may reduce the redemption value if the total value of the promotional code exceeds the price of the item. You may not combine multiple promotional codes in one transaction. NoSurgery4Clubfoot is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Discounts and sales prices may not be applied to previous orders. We may shorten the duration of any special order or sales promotion.
18. Suspension and Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason, with or without prior notice. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. If your account is terminated, we may delete data or your Submissions or otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Website or your data or Submissions.
19. DISCLAIMERS. YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS AND WEBSITES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NOSURGERY4CLUBFOOT NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR WEBSITES PROVIDED ON OR THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. THE INFORMATION, MATERIALS AND WEBSITES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER NOSURGERY4CLUBFOOT, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR WEBSITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOSURGERY4CLUBFOOT OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
20. LIMITATIONS OF LIABILITY. NOSURGERY4CLUBFOOT DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL NOSURGERY4CLUBFOOT BE LIABLE, FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS WEBSITE. IN NO EVENT WILL NOSURGERY4CLUBFOOT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) , WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
21. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, MATERIALS, INFORMATION, OR WEBSITES CONTAINED ON ANY OR ALL OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN NO EVENT SHALL NOSURGERY4CLUBFOOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE VALUE OF THE WEBSITES PURCHASED SERVICES (which are ZERO), OR TO WHICH YOU SUBSCRIBE THROUGH THE WEBSITE.
22. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS OR THE WEBSITE.
23. Indemnity. You will defend, indemnify, and hold NoSurgery4Clubfoot and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or your Submission(s) or other content, message, or information you provide or transmit on or through this Website; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party’s access and use of the Website with your unique username, password, or other appropriate security code.
24. Release. In the event that you have a dispute with one or more users of the Website, you release NoSurgery4Clubfoot (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
25. Force Majeure. Neither NoSurgery4Clubfoot nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
26. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND NOSURGERY4CLUBFOOT HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NoSurgery4Clubfoot agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
27. We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any purchases or other transactions or relationships with NoSurgery4Clubfoot or (iii) any data or information you may provide to NoSurgery4Clubfoot or that NoSurgery4Clubfoot may gather in connection with such use, interaction, or transaction (collectively, “NoSurgery4Clubfoot Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, or engaging in any other NoSurgery4Clubfoot Transactions or Relationships with us, you agree to binding arbitration as provided below.
28. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Website, you agree that any complaint, dispute, or disagreement you may have against NoSurgery4Clubfoot, and any claim that NoSurgery4Clubfoot may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any NoSurgery4Clubfoot Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by a company of Nosurgery4Clubfoot's choosing and conducted in accordance with the a company of Nosurgery4Clubfoot's choosing Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the a company of Nosurgery4Clubfoot's choosing Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). If a company of Nosurgery4Clubfoot's choosing is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NoSurgery4Clubfoot agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (h) below.
29. You further agree that:
    1. Arbitrator Will Interpret These Terms. The Arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable;
    2. Location of Arbitration. The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NoSurgery4Clubfoot; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
    3. Governing Law. The Arbitrator (i) will apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief;
    4. No Class Relief. The Arbitration can resolve only your and NoSurgery4Clubfoot’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
    5. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
    6. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NoSurgery4Clubfoot will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
    7. Reasonable Attorney’s Fees. If, through the process set forth in this Section 18, you recover an Award greater than NoSurgery4Clubfoot’s last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and we will bear our own attorneys’ fees;
    8. Interpretation and Enforcement of Arbitration Clause. With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor NoSurgery4Clubfoot shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
    9. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against NoSurgery4Clubfoot in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;
    10. Intellectual Property Disputes. Notwithstanding the foregoing, NoSurgery4Clubfoot or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.
30. General. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of New York. To the extent the provisions in the section titled Dispute Resolution do not apply, you consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
31. These Terms set forth the entire understanding and agreement between NoSurgery4Clubfoot and you with respect to the subject matter hereof. For the purpose of clarity, NoSurgery4Clubfoot and Araca many have other agreements between the NoSurgery4Clubfoot and Araca related to the subject matter of these Terms. We do not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. Except as set forth in the section titled Dispute Resolution above, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by NoSurgery4Clubfoot in our sole discretion. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms will survive any termination or expiration of these Terms.
32. Additional Assistance. If you do not understand any of these Terms of Website or if you have any questions or comments, you may contact us at info@nosurgery4clubfoot.com
33. Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2021, NoSurgery4Clubfoot and its affiliates and licensors. ALL RIGHTS RESERVED.