Terms and Conditions

Last updated: June 24, 2024

Please read these terms and conditions carefully before using Our Service.

Terms of Use

Welcome to the Foot Solutions Canada website (the “Site”). These terms and conditions govern your use of the Site or other online service or platform of Foot Solutions Canada, operated by Talus Ortho Medical Inc. (“Talus”, “We”, “Our” or “Us”). By using the Site, you signify that you have read, understand and agree to be bound by these terms and conditions of use and all related rules, policies, conditions and guidelines (the “Terms of Use”). If you reside outside Canada, or wish to receive information about Foot Solutions locations outside of Canada, please visit the website of Foot Solutions, Inc. at www.footsolutions.com.

We reserve the right to, at our sole discretion, change, modify, add or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to the Terms of Use on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms of Use.

Privacy Policy

By using the Site, you acknowledge and agree that you have reviewed and understand our Privacy Policy, and consent to our privacy practices outlined in that policy.

Copyright and Trademarks

You agree that all content included on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, textual downloads and software, is the property of Talus and its licensors, and is protected by Canadian and international trademark and copyright law. The Foot Solutions name and design is a registered trademark and is the property of Foot Solutions, Inc. (the “Foot Solutions Mark”), and is protected by Canadian and international trademark and copyright law. Other trademarks, trade names, other logos and brand features, and product and service names are the property of Talus and its licensors (the “Talus Marks” and together with the Foot Solutions Mark, the “Marks”). You agree not to display or use the Marks in any manner without Our prior written consent.

Third Party Sites and Links

The Site may contain links to other websites or online services that are not under our control. Such links do not constitute endorsement by us. These Terms of Use do not apply to such third party websites and online services. We strongly recommend that you review the privacy policies and terms of use of these other websites or services. You acknowledge that we do not assume any liability with respect to your use of such third party materials as we do not have control over such third party websites or materials, whether you are of their use or not and whether or not we recommended such materials.

Termination

At our discretion, we may choose to limit, suspend, or terminate your access to and use of the Site, with or without prior notification. We assume no responsibility for any errors in copy or images related to the Site or any other products offered through the Site. Errors will be rectified upon discovery, and we retain the right to withdraw any advertised offer and rectify any errors, inaccuracies, or omissions (even after an order has been placed). Certain sections of these Terms of Use will remain effective following termination. Additionally, we reserve the right to pursue all available legal and equitable remedies for violations of these Terms of Use. Upon termination, you are required to discontinue all use of the Site. Notwithstanding any changes to the Terms of Use, any restrictions imposed on you with respect to the Site as set out in these Terms of Use shall survive. We shall not be liable to any party for such termination.

Disclaimer of Warranties & Limitation of Liability 

TALUS MAKES NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TALUS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITES AND/OR SERVICES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS.  TALUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

IN NO EVENT WILL TALUS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATE OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Release and indemnity

You agree to indemnify, defend, and hold Talus, its officers, directors, employees, agents, licensors, and suppliers (the “Talus Released Parties”), harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees and expenses, resulting from, or alleged to result from, your use of the Site and relating to these Terms of Use. You will also indemnify and hold Talus harmless from and against any claims brought by third parties arising out of your use of this Site.

You hereby agree to release each of the Talus Released Parties from, and in no event shall any or all of the Talus Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Site (including any breach by you thereof) or otherwise relating to these Terms of Use. You further agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Site.

Governing Law

The laws of the Province of Ontario and the laws of Canada applicable therein, excluding any conflicts of laws principles, shall govern your access to and use of the Site and the interpretation, validity, and effect of these Terms of Use, notwithstanding your domicile, residency or physical location. You agree and hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Site and these Terms of Use, including any action or proceeding related to same. The Site is intended for use only in jurisdictions where it may lawfully be offered for use.

 

Waiver and Severability of Terms of Use

The failure of Talus to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any rights under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

Entire Agreement

These Terms of Use, including any documents referenced herein, constitutes the entire agreement between you and Talus pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Talus with respect to the Site.