This Terms of Service Agreement ("Agreement") governs your use of the Your Shoe List Site (as defined below), participation in the Your Shoe List Affiliate Program, offering of certain products for sale, and all other services (collectively referred to as the "Services") offered by Your Shoe List, LLC ("YSL", "we", "us", or "our"), including our official website, www.yourshoelist.com ("Site"). "You" refers to you as a user of the Site.
By using the Site and our Services, you agree to be bound by and to abide by this Agreement. If you do not comply with this Agreement at any time, we reserve the right, if applicable, to terminate your user account, password, or otherwise revoke your License (as defined below) to use our Site (or any part thereof) and suspend your ability to use our Services. You agree that any termination or cancellation of your access to, or use of, the Site may be affected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to our use of the Site.
PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement provides, stipulates, and governs the respective rights and obligations of YSL and you. By using the Site, you acknowledge that you agree to all the terms of this Agreement. If you do not agree, please do not use or access the Site or use the Services.
ARBITRATION NOTICE: Section XIII of this Agreement contains provisions relating to how claims between you and YSL will be resolved.
Section XIII contains an arbitration agreement that will require disputes between you and YSL to be submitted to final and binding arbitration. Unless you opt out of
Section XIII:
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- you may pursue claims against us only in your individual capacity and not as a member or plaintiff of a class action lawsuit; and
- you waive your right to seek relief in a court of law and/or gave a jury trial on your claims.
DISCLAIMER: The medical content presented on this Site serves solely as an informational resource and should not be construed as a basis for diagnosis or treatment. YSL DOES NOT ENDORSE ANY PRODUCT ON THE SITE TO CURE, PREVENT, OR TREAT ANY DISEASE. It is not intended for patient education purposes, does not establish a patient-physician relationship, and must not be used as a substitute for professional medical advice.
Before making any decisions regarding your health, it is essential to consult with your healthcare provider and podiatrist or seek guidance concerning your specific medical condition. YSL explicitly disclaims any responsibility and shall not be held liable for any damages, losses, injuries, or liabilities resulting from reliance on the information provided on this Site. YSL does not endorse any particular tests, treatments, physicians, products, procedures, opinions, or other information mentioned herein. Always seek professional medical advice promptly and refrain from delaying it due to information obtained from this platform.
In case of a medical emergency, contact your physician or emergency services immediately. Reliance on any information provided by YSL, its employees, affiliates, or other visitors to the platform is done so at your own risk.
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- Changes to Our Site and Agreement
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- YSL reserves the right, in our sole discretion to change, modify, add to, or remove portions of the Site and this Agreement at any time. It is your responsibility to periodically review this Agreement for the latest changes. Any changes to or modifications of this Agreement shall take effect once it is published on the Site in accordance with the Effective Date listed herein.
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- By using the Site after we post any changes to the Agreement, you agree that by using the YSL application and/or visiting the Site after any changes to this Agreement, you agree to accept such changes. If you do not agree to such changes, you must stop visiting the Site and/or using the Services immediately.
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- If you have any objections to the changes to this Agreement, or if you are dissatisfied with YSL, our Site and/or the Services, you should immediately:
- Stop using the Site and/or the Services; and
- Inform YSL to stop providing the Services to you by contacting us at info@yourshoelist.com.
- You agree that once the Services are unilaterally terminated by you, your right to use the Site and/or the Services is terminated immediately with no further duty owed to you.
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- License
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- License. YSL grants you a nonexclusive, nontransferable, fully revocable, and limited license to access make personal use of the Sites and the material provided herein, provided that you fully comply with this Agreement (“License”). YSL reserves the right to terminate your License or otherwise deny your access to our Site at any time and for any reason.
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- License Limitations. This License does not provide you with any guarantees of any nature including, without limitation, express or implied ability to use the Services. You may not download or otherwise modify any portion of the Site without our prior written consent. You may not use any bots or other forms of automation to use or monitor our Site, complete applications, or interact with the Site in any way. This License does not include any rights of resale or other commercial use of the Site or its contents, any collection and use of any service description or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another individual or entity. The Site, Services, or any portion thereof may not be reproduced, duplicated, sold, resold, visited, or otherwise exploited for any commercial purposes without the prior express written consent of YSL.
- Any violation of this Section II or any other unauthorized use of our Site and the Services automatically revokes and terminates the License granted to you by YSL.
- Representations and Warranties
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- Each time you use our Services and Site you hereby represent and warrant to YSL as follows:
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- You have the capacity to enter into this Agreement as you are a natural person over the age of 18 years old with sound mind and full legal capacity to enter into this Agreement;
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- Your use of our Site complies with the applicable laws and regulations of the legal jurisdiction in which you reside or are organized;
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- Your use of our Site does not violate your obligations to any third party;
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- You have the requisite capacity to use our Site and perform your corresponding obligations under this Agreement; and
- You agree and acknowledge that any purchases or payments made to YSL by you, or your account, are valid and binding on you.
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- You represent and warrant that you will comply with all applicable laws, rules, and regulations, including those that may require adding an appropriate disclosure through a hash tag or the like in commercial endorsements. You agree that you will comply with all other laws in connection with commercial endorsements including the Federal Trade Commission’s “Guide Concerning the Use of Endorsements and Testimonials in Advertising”, the Food and Drug Administration regulations around promoting podiatric products, and other health products, and any similar requirements that may be applicable.
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- You represent and warrant that you have all proprietary rights necessary when conducting activities on the Site and participating in the Services including all the rights necessary to use any information, trademarks, trade names, logos, copyrights, or trade secrets provided in connection with your use of the Site and participation in the Services.
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- You represent and warrant that you are using the Site and the Services only for your own benefit and that you are not using the Site and the Services on behalf of others or for the benefit of any third parties.
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- You represent and warrant your acknowledgement that use of the YSL Site and the Services does not in any way create a fiduciary relationship. Similarly, you represent and warrant that the use of the Site and the Services does not involve any guarantee of medical treatment, financial success, and that past performance does not indicate future results.
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- You hereby represent and warrant that your use of the Site and the Services will not negatively affect YSL’s reputation or cause YSL to assume legal responsibility or other penalties, fines, and sanctions.
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- You represent and warrant that you are an individual who understands the risks of endorsing or purchasing products, affiliate marketing, and understand that there is no expectation for medical treatment or financial gain or medical treatment by using the Site and the Services.
- Account Registration
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- There are two different types of accounts offered on the YSL Site.
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- Users. All general users of the Site must register an account on the Site if the User plans on using or making a purchase on the Site (“User Account”).
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- Podiatrist. All Podiatrists wishing to refer potential clients to the Site shall be required to register an account in order to generate potential revenue from referrals to the Site.
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- When completing the User Account registration, opening the account, and throughout your use of our Services and Site, YSL may ask for your name, address, username, password, email address, date of birth, foot conditions, health information and other personally identifiable information (collectively “Account Information”). When completing the Podiatrist Account registration, opening the account, and throughout the affiliate marketing services provided in our Services and the Site, YSL may ask for all Account Information and any and all information related to your podiatry practice including, without limitation your NPI number (“Podiatrist Account Information”).
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- By applying to create a YSL account on our Site, you agree to provide true, accurate, current, legal, and complete information and registration data. You agree not to create a YSL account:
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- By using a false identity or providing false information of any kind; and/or
- If you have previously been removed or banned from our Site.
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- You acknowledge that you will provide timely notification to YSL of any changes in Account Information or Podiatrist Account Information.
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- You agree not to impersonate any person or entity, misrepresent any relationship, of any kind, with another person, entity, or association, use false representations, of any kind, or otherwise conceal your identity from YSL for any purpose.
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- Failure to provide legal, true, accurate, and complete Account Information will result in termination from our Services and Site. In that event, you will bear all losses, responsibilities, and consequences associated with the false information, false account, and/or account termination.
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- You agree that you, and no one else including, without limitation, YSL, are responsible for all activities that occur on or in connection with your Site account and participation in the Services.
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- You agree to notify us immediately of any activity on the account by anyone other than yourself as such activity is unauthorized by this Agreement. If you believe someone is using your account without permission contact us directly at info@yourshoelist.com
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- YSL reserves the right to impose certain restrictions on your account and/or suspend or terminate your use of the Site and the Services based on the information provided by you to YSL in accordance with the company’s internal policies.
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- You agree that you may only apply for one YSL account and any subsequent application would be grounds for dismissal or removal from the Site and prohibit your use of the Services.
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- For any and all compliance purposes and/or anti-money laundering policies, YSL reserves the right to request you provide YSL with any and all personally identifiable information and/or PHI (as defined below) YSL deems necessary to use the Services. Failure to comply with such a request may result in termination from using the Services.
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- To access some of our Services, you will be required to enter your username and password (collectively “Login Information”) that will personally identify you and allow you to access our Services. All Login Information and account Information should be secure and must be kept confidential at all times. It is your responsibility to protect Account and Login Information. YSL is not responsible for any consequences and losses caused by your or any third party’s improper use of your Login Information or Account Information.
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- If you believe that your Login Information is known by any third party or that your account has been accessed by any third party, you should immediately notify YSL by emailing us at info@yourshoelist.com.
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- If you fail to keep your Login Information or Account Information confidential which results in your YSL account being used by others, you acknowledge and agree that your license to use the Site and the Services shall be revoked, you will still be liable for any amounts owed to YSL, you will be liable for any loss suffered by YSL, including without limitation, for any loss suffered by other users of YSL or relevant third parties. You will also be liable for any of your own losses arising from your failure to protect your Login and Account Information properly and effectively.
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- You acknowledge and agree that the Services have multiple levels of participation and your payment for such participation is indicative of the level of the Services which you decided upon prior to entering into a Master Service Agreement with YSL. Under any circumstances, you will not be entitled to any greater level of Services than the one you previously agreed to with YSL.
- Risk Assumption
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- You understand that YSL shall not be held responsible for any damages related to the products provided for sale on the Site including, without limitation, any false marketing or damages related to medical treatment.
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- You acknowledge there are inherent risks in the use of any affiliate marketing program, including, without limitation, expenses exceeding overall revenue. There is always the potential of losing money when individuals participate in marketing activities. You further understand that there are risks associated with utilizing an internet-based system including, without limitation, the failure of hardware, software, and internet connections as well as the risk of malicious software introductions. You are responsible for all risks associated with using our Site and Services.
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- You understand that using our Site and Services may redirect you to third party sites. You acknowledge and agree that YSL will not be liable for any losses, expenses, costs, or other liabilities related to your use of such third-party sites.
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- YSL will not be liable for any loss arising out of or in connection with your use of (or inability to use) our Services and Site; not will YSL be liable for your use of or reliance upon any content on our Site. YSL does not endorse any opinion, provide any advice to be relied upon, or provide other information expressed by others of our Site or Services, and you acknowledge that any reliance on material provided by YSL or any third party will be at your own risk. Nothing within our Site or Services should be construed as medical or health treatment advice. You should always obtain specialist advice or do your own research before taking, or not taking, any action or inaction based on the content of our Site.
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- You understand and acknowledge that you are responsible for and bear the medical risks and consequences of:
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- Your use of the YSL Site and Services as well as any other required capabilities for you to properly use our Services; and
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- All medical decisions when using the Site or Services.
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- You acknowledge and understand that the profits received from the Services depend solely on You. YSL in no way makes any assertion that you will make a profit from the use of the Site and Services. If any authority determines that such an assertion was made, you hereby disclaim YSL of any liability related to such a claim. In any event, YSL makes no claim that using the Site and Services will result in you generating a profit or other revenue.
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- You acknowledge and understand that you will bear all risks, medical or otherwise, related to identity theft or any other loss as it relates to your Login Information or Account Information, use of our Services, and visiting our Site.
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- You understand and agree that YSL reserves the right to post, modify, and/or provide information related to our Services through Site or other communication channels including, without limitation, website, emails, advertisements, customer service calls, and text messages. YSL will not be responsible for any information that you provide through our Site being intercepted or otherwise received by any unintended party.
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- You also acknowledge and agree that e-commerce is an ever-changing industry that is subject to many different types of business risk, including without limitation:
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- a changing legal environment in which regulations can emerge or change that affects the marketability of products;
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- macroeconomic changes that affect consumer spending, the emergence of recessions and the like;
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- changes in the popular appeal of and demand for different types of products;
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- changes in a program’s policies, to which YSL and you are bound alike, which may affect the marketability of the links on your Site;
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- changes in international politics or economics, which may affect, among other things, the ability market products through links;
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- market forces, including increased and/or changing levels of competition for any given product from other sellers of such product; and/or
- unforeseen events, force majeure, and other external events that could affect the performance of any Site.
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- While YSL exercises the best efforts to ensure our Site performs properly and Services are running effectively, there may be a significant period in which sales and/or your performance may not result in a net profit to you; you acknowledge such risk and any harm caused by such risk falls directly on you.
- Services
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- YSL is a service provider that offers Podiatrists with the ability to earn a commission from the purchase of certain products offered on the Site. Such commission shall be determined by your express agreement with YSL and the product in question.
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- You understand and acknowledge:
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- YSL does not make any promises or guarantees for you to generate and commissions or revenue as a result of using YSL;
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- YSL will not be liable or responsible for any losses related to using the YSL services in any way including for potential medical damages; and
- You have no expectation that YSL will provide any compensation or payment, of any kind, as it relates to these Services.
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- You agree that YSL may use third party applications to build a website and will not be held liable for any faults, loopholes, hack, spam, or any other problem arising from any errors in any application. You also agree that the problems arising from third party applications is not the fault of YSL.
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- You agree that the Services provided to you are determined by the level of the Services in which you select when becoming a customer of YSL. Such participation in the Services will not be based on anything other than your agreement with YSL.
- Restrictions and Obligations
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- You shall not use our Site or Services to engage in any activities that violate applicable laws and regulations in the jurisdiction in which you or any relevant party may live.
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- You acknowledge and agree that you will not use the YSL Site or Services to:
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- Engage in any illegal activities such as money laundering or the like;
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- Participate in any criminal enterprise;
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- Fabricate or distort facts, spread rumors, or otherwise disrupt social order;
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- Promote or produce obscene, violent, and/or terrorist content or the like;
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- Violate or infringe upon the legal or other rights and interests of third parties; and
- Participate in any and all other activities that violate applicable laws and regulations in the jurisdiction in which you or any other relevant party may reside.
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- You agree that you shall fully assume the relevant tax obligations arising from the use of YSL’s Site and Services.
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- You agree to not engage or otherwise participate in any activities that are intended to or have any possibility of affecting the security of YSL, our users, our Site, and our Services.
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- You shall neither engage in any activities in the name of YSL nor use the information or other data found on YSL’s Site without the prior express, written consent of YSL. You shall not, under any circumstances, sell, license, transfer, or modify the YSL Site or Services.
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- Before using the YSL Site and Services, you must confirm, on your own, that your use of the YSL Site and Services is legal in your jurisdiction. All legal risks and consequences of such a marketing service not being legal in your jurisdiction shall be borne by you and YSL disclaims any responsibility for such legal risks and consequences.
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- If you violate any provisions of this Section VII, YSL shall have the right to immediately suspend or terminate the Services provided to you, and YSL shall have the right to take all necessary legal means within the scope permitted by the applicable laws and regulations to redress such a violation of this Section VII.
- Liability for Breaching This Agreement
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- For any violation of this Agreement by you, YSL has the right to immediately suspend or terminate your access to our Site and Services and take all necessary legal measures within the scope permitted by applicable laws and regulations, including, without limitation, to requiring you to be enjoined from such activities or to compensate YSL or any third party for related losses from a breach of this Agreement.
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- In the event that YSL even remotely suspects that your use of the YSL Site and Services is done in an illegal, fraudulent, or otherwise improper manner, YSL shall have the right to suspend, and subsequently terminate, the provision of the Services to you until you can provide proof of compliance with this Agreement to our satisfaction by contacting us at info@yourshoelist.com
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- We reserve the right to terminate any person’s access to our Site and Services for any reason, in our sole discretion, at any time. If you violate any provision of this Agreement, your permission to use our Site automatically terminates.
- Disclaimers and Limitations on Liability
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- To the extent permitted by applicable law:
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- YSL disclaims any and all liability for special, incidental, consequential, or indirect damages, including loss of use and profits, arising out of this Agreement or with respect YSL’s performance, or failure to perform, the Terms and Conditions of this Agreement, however caused, whether for breach of contract, negligence, or otherwise, even if YSL has been informed of the possibility of such damages;
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- In no event is YSL or any of its representatives liable under any legal theory for consequential, indirect, incidental, special, exemplary, punitive, direct, or enhanced damages, lost profits or revenues, or diminution of value, arising out of or related to this Agreement, regardless of whether the damages were foreseeable, whether you or your customers were advised of the possibility of the damages; and
- In no event shall YSL’s aggregate liability arising out of or related to this Agreement (regardless of the form of action giving rise to such liability, whether in contract, tort, or otherwise, exceed the amounts paid to YSL from you.
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- This Site and our Services are provided by YSL on an “as is” and “as available” basis.
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- YSL makes no representations or warranties of any kind, express, or implied as to the operation of the Services and Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site and Services is at your sole risk.
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- The foregoing limitations will apply notwithstanding any failure of the essential purpose of any limited remedy. This Section IX shall survive your relationship with YSL or use of the Site and/or Services.
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- You acknowledge that the limitations of liability set forth in this Section IX are a fundamental part of the basis of YSL offering this Site and/or the Services and YSL would not offer the Site and/or Services without such limitations.
- Third Party Links
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- Our Site may contain links to third party websites. You acknowledge and agree that
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- the link does not indicate endorsement or affiliation with the third-party website in any way, shape, or form; and
- YSL is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the third party site or any purchases therefrom.
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- YOU ACKNOWLEDGE AND AGREE THAT YSL SHALL NOT BE HELD LIABLE FOR ANY DAMAGES CAUSED AS A RESULT OF USING A THIRD-PARTY LINK OR MAKING A PURCHASE THEREFROM INCLUDING, WITHOUT LIMITATION, ANY MEDICAL OR HEALTH DAMAGES.
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- You may purchase products from third-party links provided on the Site. Orders from the YSL Site may be fulfilled in whole or in party by an YSL affiliate, by third parties, or by other service providers. All orders are subject to availability and confirmation of the order price and stock availability, and a third-party may need to cancel your order or part of your order, if the product is either not available, or not available at the order price which is determined by the relevant product provider. You agree to indemnify and hold harmless YSL in the event that any order made through a link on our Site is cancelled for any reason whatsoever.
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- You acknowledge and agree that products offered for sale on the Site or via a third-party link are not manufactured, tested, sold, or distributed by YSL. Further, you acknowledge and agree that you shall hold YSL harmless for any damages provided by the products offered for sale on the Site or third-party link. YSL DOES NOT ENDORSE ANY PRODUCT PROVIDED FOR SALE ON THE SITE OR A THIRD-PARTY SITE FOR THE PURPOSES OF TREATING, CURING, OR MITIGATING THE EFFECTS OF ANY DISEASE.
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- You acknowledge that YSL may receive a commission from sales generated via a third-party link posted on the Site.
- Indemnification
You agree to indemnify, defend, and hold harmless YSL and its affiliated entities or affiliates, individuals, officers, employees, directors, shareholders, agents, partners, vendors, and licensors from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, attorney’s fees and costs) of any kind or nature arising from, out of, in connection with, or relating to this Agreement or your use of our Site and/or Services. YSL may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with use in connection with any claim.
- Copyright and Intellectual Property Policy
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- Intellectual property rights of any content displayed on the Site, including but not limited to guides, advertising copy, examples of marketing materials, articles, pictures, news, website structure, website layout, website design, and other materials unless otherwise specified, are entirely owned by YSL or its licensor (if any).
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- All content included on the Site, including, but not limited to, articles, text, design, graphics, logos, Site layout, design, button icons, images, audio clips, downloads, interfaces, data compilations, software, and code is the property of YSL, its affiliates, or its content suppliers, and is protected by United States and international copyright laws.
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- The compilation of all content on this site is the exclusive property of YSL, its affiliates, or its content suppliers, and is protected by United States and international copyright laws.
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- All software used on this site is the property of YSL, its affiliates, or its software suppliers and is protected by United States and international intellectual property laws.
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- Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Site without the express, written consent of YSL.
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- Digital Millennium Copyright Act Notice: respects the intellectual property rights of others, and we ask our users to do the same. In certain circumstances and in our discretion, we may terminate the rights of any user to use the Site if they infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights through our Site, please provide the following information to the email address specified below:
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- A description of the copyrighted work that you claim has been infringed upon;
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- A description of where the material that you claim is infringing is located on the Site;
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- Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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- Your address, telephone number, and e-mail address;
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- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
- A statement by you, made under penalty of perjury that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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- You may send any notices of copyright infringement under the Digital Millennium Copyright Act to YSL’s designated agent for notice of claims of copyright infringement on the Site at info@yourshoelist.com.
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- THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
- Dispute Resolution
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- This Section XIII governs how any and all disputes between you and YSL and its affiliates must be resolved. This Section XIII is binding on you during and after you visit our Site. This Section XIII remains in full force and effect until you provide notice to YSL of your intention to opt-out of this Section XIII.
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- Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered in Chicago, Illinois, in accordance with the Federal Arbitration Act and the American Arbitration Association (“AAA”) rules then in effect (“Rules”) available at www.adr.org.
The arbitration shall be conducted before a neutral single arbitrator from the AAA whose decision will be final and binding. The parties shall mutually appoint the arbitrator. In the event that the parties cannot agree on an arbitrator within thirty (30) days of the notice of arbitration, the AAA case manager may administratively appoint the arbitrator.
The parties agree to split the arbitrator’s fees evenly unless a party claims to be unable to participate in arbitration as doing so would be cost prohibitive in comparison to litigation, as evidenced by the party’s verifiable written records.
In the event the arbitrator finds arbitration to be cost prohibitive, the other party has the right to pay as much of the arbitration administrative costs as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.
In any event, each party shall bear its own arbitration costs and deposition, witness, expert, and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court. In any arbitration proceeding conducted pursuant to this Section XIII, the parties shall have the right to discovery, to call witnesses, and to cross-examine the other party’s witnesses. The arbitrator shall render a final decision in writing, setting forth the reasons for the arbitration award. Both parties are bound by this mutual agreement to arbitrate.
This does not include Disputes which may not by law be arbitrated, and expressly does not prevent either party from seeking equitable, including injunctive, relief in a court of competent jurisdiction and/or pursuing any claim or relief for a breach of Section IV of this Agreement in a court of competent jurisdiction. THE PARTIES WAIVE THEIR RIGHT TO HAVE ANY SUCH DISPUTE, CLAIM, OR CONTROVERSY DECIDED BY A JUDGE OR JURY IN A COURT.
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- THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
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- No Waiver. No waiver of any provision of this Section XIII will be effective or enforceable unless recorded in a writing signed by the party waiving such a right. Such a waiver will not waive or affect any other provision of this Agreement or Section XIII. If any provision of this Section XIII is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision, or if modification is not possible will be severed and the remainder of this Section XIII will continue in full force and effect. This Section XIII will survive the termination of this Agreement and/or the relationship of the parties.
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- Opt-Out Right. You have the right to opt out of this Section XIII by sending, within 30 days after first becoming subject to this Section XIII, written notice of your decision to opt out to info@yourshoelist.com. Your notice must include your name and address, any usernames, each email address used to set up a YSL account, and an unequivocal statement that you want to opt out of this Section XIII. The notification must include the subject line “ARBITRATION OPT-OUT - (FULL LEGAL NAME).” You agree that if you opt out of this Section XIII, all other parts of this Agreement will continue to apply to you. Opting out of this Section XIII has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with YSL.
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- THIS SECTION XIII LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING FORTH CERTAIN COURT ACTIONS, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED HEREIN OR IN ACCORDANCE WITH THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.
- HIPPAA Privacy Practices.
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- General. To the extent we request and obtain any personal healthcare information (“PHI”) about your medical history and current health that may be protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law, this Notice of Privacy Practices explains how that information may be used and shared with others. It also explains your privacy rights regarding this information.
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- Definition of PHI. For the purposes of this Section XIV, "Protected Health Information" (PHI) shall have the meaning ascribed to it under HIPAA and its implementing regulations.
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- Limited Use of PHI. Users of this Site may provide PHI in the course of interacting with the platform or registering an account. The Site acknowledges that it shall only use PHI for the sole purpose of offering certain podiatric products or services to the user. The Site shall not disclose or use PHI for any other purpose unless required by law.
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- Confidentiality and Security Measures. The Site shall implement appropriate technical, administrative, and physical safeguards to ensure the confidentiality, integrity, and security of any PHI collected, stored, or transmitted through the platform. These measures shall comply with HIPAA requirements and industry best practices.
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- Business Associate Agreement (BAA). The Site agrees to enter into a Business Associate Agreement (BAA) with any covered entity or business associate as required under HIPAA regulations, outlining the respective responsibilities and obligations concerning the use and protection of PHI. IF YOU ARE A COVERED ENTITY OR BUSINESS ASSOCIATE, PLEASE CONTACT US AT info@yourshoelist.com
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- User Content. Users shall provide explicit consent for the collection, use, and disclosure of their PHI for the specified purpose of recommending podiatric products or services. Users shall have the right to revoke this consent at any time, subject to applicable legal requirements.
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- Data Retention. The Site shall retain PHI only for as long as necessary to fulfill the purpose for which it was collected or as required by law. Upon the termination of the user's account or upon request, the Site shall securely dispose of or de-identify any PHI in its possession.
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- Non-Disclosure. The Site shall not disclose PHI to any third party, except as expressly authorized by the user or as required by law. The Site shall ensure that its employees, agents, and affiliates comply with the provisions of this agreement regarding the protection of PHI.
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- Breach Notification. In the event of a breach of unsecured PHI, the Site shall comply with HIPAA breach notification requirements, including notifying affected individuals, the covered entity or business associate, and, if necessary, regulatory authorities, in accordance with applicable laws and regulations.
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- Disclaimer. To the maximum extent permitted under law, you hereby disclaim any potential violations of HIPAA and hold YSL harmless for any alleged violation of the Stark law or any other law related to the privacy of medical information as a result of any unintended violation of such law by YSL.
- Compliance with Laws
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- User Compliance. You acknowledge and agree that no offering from any third-party link on the Site shall be considered to be offering, paying, soliciting, or receiving anything of value to induce or reward referrals or generate Federal health care program business. As a User of this Site, you shall not use Medicare, Medicaid, or any federal health care program to purchase any products offered via third-party links on the Site. Additionally, you acknowledge and agree that any product offered via a third-party link on the Site shall not be considered a designated health service under relevant law.
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- Podiatrist Compliance. Podiatrists using the Site shall be required to ensure that their use of the Site shall comply with any relevant state provision related to kickbacks or affiliate marketing. IF YOUR USE OF THE SITE VIOLATES ANY STATE STATUTE THAT APPLIES TO YOU AS A LICENSED PHYSICIAN, YOU MAY NOT USE THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YSL SHALL NOT BE HELD RESPONSIBLE FOR ANY POTENTIAL VIOLATION OF STATE LAW RELATED TO YOUR USE OF THE SITE AS A LICENSED PHYSICIAN IN YOUR STATE.
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- Disclaimer. To the maximum extent permitted under law, you hereby disclaim any potential violations of the Stark law or any anti-kickback statute which may be applicable to you and hold YSL harmless for any alleged violation of the Stark law or any other law.
- Miscellaneous
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- Governing Law. This Agreement shall be governed in all respects by the law of the State of Illinois. By visiting this Site, you agree that the laws of Illinois without regard to conflicts of law principles, will govern this Agreement, your use of our Services and Site, and any dispute of any sort that might arise between you and YSL or our affiliates.
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- No Waiver. The failure by YSL to enforce any right or provision of this Agreement will not prevent YSL from enforcing their rights or provisions of this Agreement in the future. Such waivers will not be deemed to modify this Agreement.
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- International Compliance. This Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that YSL intends to make such products or services available in any country. Regardless of whether a product or service is available in your country, this Agreement is still effective as it relates to you and your use of our Site.
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- ADA Compliance. This Site is designed to be in compliance with Title III of the Americans with Disabilities Act (“ADA”). While we believe the Site is to be maintained in a fashion to comply with the ADA, the Site may be updated frequently. If you have any difficulty accessing the Site because of a disability, please contact us at info@yourshoelist.com
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- Force Majeure. Under no circumstances will YSL or any of its affiliates, officers, directors, shareholders, or employees be liable for any delay or failure in performance due in whole or in part to any and all acts beyond its control including, without limitation, war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of God, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays.
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- Severability. If any provision in this Agreement is deemed invalid, void, or for any reason unenforceable, that specific condition will be deemed severed and will not affect the validity and enforceability of any remaining provisions of this Agreement.
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- Assignment. YSL may, at any time, assign its rights and obligations under this Agreement, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction or by operation of law.
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- Changes to this Agreement. YSL may change the Terms of this Agreement. If we do, we will post the revised Agreement on our Site and update the Effective Date at the top of the Agreement. The revised Agreement will be effective immediately if you accept them (for example, by continuing to use our Site after the revised Agreement has been posted).
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- Contact. If you have any questions related to YSL, our Site, Services, or this Agreement, please contact us at info@yourshoelist.com
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