PLEASE JUDICIOUSLY READ THIS AGREEMENT. BY INTERACTING WITH THE INSIGHTFUL PRODUCTS WEBSITE SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, INSIGHTFUL PRODUCTS IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE AND YOU MUST NOT ACCESS OR USE THE SITE. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.
These TERMS OF SERVICE (this “Agreement”) is made between Insightful Products, LLC (IP) and you, or, if you represent a business or other organization, that business or organization (in either case “You”).
IP sells braces and aids for human ambulation. We also offer information about human ambulation through the Site located at www.insightfulproducts.com and such other sites as may be designated by IP (each, the “Site” or collectively, the “Sites”).
All access to and use of any services available through the Site is subject to the terms of this Agreement. If You wish to access and use the publicly available portions of the Site, You may do so only in compliance with the terms of this Agreement. If You have placed or later place an order (whether through the Site, by email, phone or otherwise) with IP (Your “Order”), or if you seek services or access and use certain of the services requiring registration (e.g. purchasing a product from this Site), IP will accept Your Order and provide You with access to and use of services only if You comply with the terms and conditions of this Agreement.
Without limiting the foregoing, the services are not available to individuals under the age of 18 or who do not meet any of the other qualifications included in this agreement.
This Agreement is entered into as of the earlier of the date You first transmit an Order relating to IP or first access or use of this Site (the “Effective Date”). This Agreement contains the following terms and conditions and each Order submitted by You and accepted by IP, each of which is incorporated into and made a part of this Agreement. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Intellectual Property Rights
You acknowledge that this Site contains graphics, code, photographs and/or other materials that are protected by copyrights, trademarks or other proprietary rights and that are valid and protected under legal statute. All rights to this intellectual property are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Site.
The following USPTO registered Trademarks are held by Ian Engleman and/or Insightful Products, LLC:
- FUNNEL (USPTO Reg#5190696)
- INSIGHTFUL (Reg#5011048)
- SHOEFUNNEL (Reg#4877750)
- CATAMARAN (Reg#4877509)
- WE HELP PEOPLE WALK (Reg#47903380)
- FOOT OF THE WEEK (Reg#4790356)
- SCHOONER (Reg#4132993)
- TRI-PED (Reg#4518076)
- JACOB 9Reg#3299507)
- BLAZE (Reg#3128139)
- STEP-SMART (Reg# 3130937)
These Trademarks cannot be used without permission.
You are expressly restricted from any of the following:
- Publishing any of IP’s Site material in any media;
- Selling, sublicensing and/or otherwise commercializing any IP Site materials;
- Publicly performing and/or showing any IP Site material;
- Using this Site in any way that is, or may be damaging to this Site or IP;
- Using this Site in any way that impacts user access to this Site;
- Using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using his Site;
- Using this Site to engage in any advertising or marketing;
- Using the Site, services or any Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or services;
- Using automated scripts to collect information from or otherwise interact with the Site, services or any Software;
- Using the Site, services or any Software to intimidate or harass any other people or entities; alter, modify, reproduce, create derivative works of the services, Technology, or any Software;
- Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Sites, services, Technology, or any Software; or interfere in any manner with the operation or hosting of the Sites, services, Technology or any Software, or attempt to gain unauthorized access to the Sites, services, Technology or any Software.
Certain areas of this Site are restricted from access by you and IP may further restrict access by you to any areas of this Site, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality of such information.
This Site is provided “as is” with all faults, and IP makes no express or implied representations or warranties, of any kind related to this Site or the materials contained on this Site. Additionally, nothing contained on this Site shall be construed as providing consultation or advice to you. Use of this Site is at your own risk.
Limitation of liability
In no event shall IP nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with the use of this Site, whether such liability is under contract, tort or otherwise, and IP including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.
You hereby indemnify to the fullest extent IP from and against any and all liabilities, costs, demands, causes of action damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these terms.
If any provision of these terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
IP in permitted to revise these terms at any time as it sees fit, and by using this Site you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing use of this Site.
All import fees and taxes are the responsibility of receiving party. If you choose to use a 3rd party package forwarding service, IP is only responsible for delivery to the forwarding service.
You may not assign this agreement or the rights and obligations thereunder to any third party without the prior express written approval of IP. IP in permitted to revise these terms at any time as it sees fit, and by using this Site you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing use of this Site.
This agreement, including any legal notices and dislaimers contained on this Site, constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents, which may conflict with this Agreement.
Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Maine and you submit to the non-exclusive jurisdiction of the state and federal courts located in Maine for the resolution of any disputes.
The Terms and Conditions constitute the entire agreement between you and IP with respect to this Site and commerce transactions. The Terms and Conditions you are reviewing supersede any prior communications whether written, oral or electronic between you and IP with respect to this Site.
Last Updated: November 20, 2017