Terms Of Use

Last Updated: March 16, 2022

Agreement to Terms

We ask that you read these Terms of Use carefully as it is a legal agreement between you and Protalus USA, LLC (“Protalus,” “we,” “us,” or “our”) that governs your use of https://www.protalus.com/, the Protalus mobile device application, and any Protalus websites that display these terms (collectively, the “Website”) and any purchase of products from Protalus.

By purchasing products or otherwise accessing the Website, you signify that you have read, understand, and agree to be bound by these Terms of Use, whether or not you are a registered user. If you do not agree to these Terms of Use, please do not use the Website.

You agree to our use of your personal information in accordance with our Privacy Policy, which is available at https://www.protalus.com/pages/privacy-policy. Your use of the Website is subject to the Privacy Policy.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and Protalus will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

No Medical Advice

We share information about our experience with certain Protalus products. You may also see information relating to other people’s experience with our products. Please be advised the Website is not intended to provide medical advice, diagnosis, or treatment. The products, information, services, and other content provided on and through the Website are provided for informational purposes only. We strive to inform you about the standards that go into our products, but only you can decide how our products affect you (every person may react differently). You should not use the information on this Website for diagnosis or treatment of any health problem. If you suspect you have a medical problem, or if you have any health-related questions, please consult with your physician or other health care provider.

Changes to the Terms of Use

Like our products, our business continues to grow and evolve. Accordingly, we have the right to change the Terms of Use at any time. If we change the Terms of Use, we’ll let you know either by posting the modified Terms of Use on our Website or by communicating with you directly. Your continued use of the Website will be considered your acceptance of the revised Terms of Use.

Because we constantly improve the Website, we may change or discontinue any part of the Website, at any time and without notice.

Registering for an Account

You must be at least 18 years old to order products from the Website. When ordering products, you may register an account or checkout as a guest. Registering an account allows you to check order status and view previous orders. Please provide accurate and complete information when creating your account and for the duration that you use the Website. You’re responsible for all activities that occur under your account, whether or not you know about them.

Protalus Subscription Program

The Program

You may opt to join the Protalus Subscription Program and have your choice (by model, type, and size) of insoles automatically shipped to you on a recurring basis at the following delivery frequency:

You may provide us with certain personal information when registering for an account, making a purchase through the Website, signing up to receive our marketing emails, participating in a survey, or otherwise interacting online and offline with Protalus (via social media, chat, web form, email, phone, and yes, even postal mail).

When you register for an account without linking to an existing social-media platform, you will be prompted to provide us with information like your name, email, and password for account security. Creating an account allows you to earn credit toward future purchases and track previous orders.

If you elect to purchase products from the Website, you will be prompted to provide us with information like your mailing address, phone number, and billing information so we can complete your transaction.

You can learn more about how we use, disclose, and secure personal information in the remainder of our Privacy Notice below.

We collect information from some third-party sources.

We may collect information about you from other third parties, like if you were referred by a friend, or public sources, such as social networks when you click “Share This” via Facebook, Instagram, Connect, Twitter, Linked In, Google+, or other social media “like” buttons or plug-ins.

Where you choose to, you can link your Protalus account with a social network profile to share information or you can create a Protalus account from scratch. Please note that any data collected by a third party, such as a social networking site, is handled based on their privacy practices rather than this notice.

There may be instances where our internal customer services team is not available. In such cases, we use an external customer service team to address customer inquiries. When you provide information to our third-party, external customer service team, they will share that information with us.

We also use third party services to collect testimonials from customers. Customers may elect to provide testimonial information through multiple sources, and the information these third-party’s collect is subject to their privacy practices. Once we receive the information from such third parties, we will use it and store it in accordance with these practices.

We collect personal information through automated technologies.

We use automated technologies to collect information from visitors to our website or users of our mobile application, which sometimes includes personal information. Automated collection technologies such as cookies, beacons, tags, and scripts are used by us in analyzing trends, administering the Website, and tracking users’ movements around the Website. We, and our third-party vendors, also use these technologies to gather demographic information about our user base as individuals and in the aggregate.

To learn more about the cookies we use, including learning how to opt-out of optional cookies, please review our full Cookie Notice here .

We may collect limited health-related information.

Given the nature of our products is to provide support and comfort through insole technology, you may choose to provide us with certain health-related information like your foot or arch type. Our “Find Your Perfect Insole” tool will collect this information when you provide it to us and your use of this tool is deemed your consent for us to use this information; we will use this information for the purpose of providing you with product recommendations and in accordance with the terms of this Privacy Notice. Health-related information such as gender may also be inferred from your selection of male-size or female-size insoles related to your purchase, which will be logged and stored for our internal records.

We may still collect information if you use Do-not-track requests.

Some browsers offer a “Do Not Track” privacy preference. Generally, when a user turns on the Do Not Track Signal, their browser sends a message to websites requesting that the user not be tracked. Our website and services currently do not respond to “Do Not Track” signals. However, you do have other options for opting out of tracking for interest-based advertising purposes as described below.

We will not collect information from individuals under 16.

We will never knowingly request personal information from anyone under the age of 16 without prior verifiable parental consent. All products we sell are for purchase by individuals over age 16. In accordance with the Children’s Online Privacy Protection Act, if we become aware that personal information of an individual under the age of 16 has been provided to Protalus, for any purpose, without prior verifiable parental consent, we will delete the information from our files.

Collecting Personal Information

Being transparent about how we use data is important to us because we know it’s important to you. Here are the ways we use personal information at Protalus:

To fulfill your order, including order confirmation, processing, and to maintain your purchase history.

To provide access to the Website, including maintaining the security and integrity of the Website.

To share questions, feedback, or other content you have elected to provide.

To provide marketing information regarding Website and product updates, special promotions, etc.

To comply with legal and regulatory requirements applicable to our business and internal policies for maintaining records.

To conduct reviews of our Website and to help us better understand your use of our Website to tailor the Website, our product offerings, and marketing promotions to make your shopping experience more enjoyable and convenient.

To comply with court orders and legal process, and to enforce our Terms of Use and this Privacy Notice.

For any other legal, business, or marketing purposes that complies with the practices described in this Privacy Notice.

Sharing Personal Information

We understand that you may want to know more about how and when we share your personal information. This section provides detail on how we share information collected through the mechanisms detailed in the prior sections of this Privacy Notice. Please note that we require any third party with which we share your personal information to protect that information consistent with this policy and limit their use of that information to performing the service they provide to us.

We do not and will not sell your personal data.

The personal information we collect is not and will not be sold, rented, or traded to third parties for their own marketing purposes.

We do use some vendors to help us out.

In order to facilitate our business needs, we may share your personal information with our third-party service providers who help us with business operations such as operating and supporting the Website (including the mobile application), performing Website analytics, marketing or consulting services, and assisting us with the preparation and mailing of our business and marketing communications.

We also use third party payment processing services for transactions you elect to complete through our Website; Protalus does not process payment card information directly. The personal data those payment processors receive includes name, email address, mailing address, billing address, phone number, and payment card information and your purchase of our products is deemed your consent to share this information.

We use targeted advertising.

Some of the vendors we use to help us operate our Website and promote our products also serve ads on our behalf through the Internet. These third parties may use cookies to collect information about your Website visits, as described in our Cookie Notice . They may also use information about your visits to this Website, and other websites, to target advertisements that are more relevant to you, which may appear on other sites that you visit. Protalus shares some server-side personal data with advertisers, such as Meta, for legitimate business marketing purposes. This data is used to track ad interaction and quality, tailor your advertising experience, market Protalus products to audiences that have similar interests, and support Protalus social media marketing efforts.

We, or with third party vendors, may use your personal information to provide you with tailored advertising on third party sites, including social sites. These advertisements are either: (i) “contextual” (meaning they are presented due to the webpage that you are viewing); or (ii) “behavioral advertising” or “interest-based advertising” (i.e. where advertisements are shown to you based upon your interests which we have inferred from your information including demographic, geographic and interest-based data). We may use tailored advertising to specifically include or exclude individuals who have registered for our products to ensure that you are provided with information about those products that are most relevant to you. To do this, we may track your browsing activity across different websites, different devices and/or different applications. We may match your browsing activity on one device, such as your mobile phone, with your browsing activity on another device, such as your tablet, to ensure our advertising is tailored to you. To learn more about the cookies we use, including learning how to opt-out of optional cookies, please review our full Cookie Notice here .

In addition, some third party sites allow you to stop seeing advertisements from specific advertisers on that site, so you should also check your preferences on those websites.

Our vendors help with Website analytics too.

Protalus uses Google Analytics to study how users interact with our Websites. To learn more about Google’s privacy practices, visit Google’s Privacy & Terms at https://policies.google.com/technologies/partner-sites. Protalus may engage other analytics providers from time to time. These third parties may combine your information with the information of other consumers for analytics purposes. Some analytics providers use cookies, and you may opt out of those cookies by visiting https://tools.google.com/dlpage/gaoptout to manage your cookie preferences.

If you make a public post, other users may see it.

If you make a post on a third-party social media site (for example, on our Facebook page at https://www.facebook.com/Protalus/) or by identifying us in your social media feed by tagging us using a hashtag (#) or “at” (@) indicators on your social media platform, your personal information may be publicly available and is subject to the privacy policies of those third-party social media sites. This Privacy Notice describes how we will treat your data once it is in our possession.

We strongly recommend you review the privacy policies of any third-party sites you visit to understand the data collection and use practices of that third party.

We may share feedback you provide to us.

We aim to provide products that change lives by improving alignment, support, and comfort. If you have experienced a new level of comfort from using our insoles, we would love to hear your feedback. However, please note any feedback relating to our products on our Website or on social media channels may be publicly shared.

Eventual successors may access information.

We have taken steps to evaluate how data will be treated, accessed, or shared in the event our business structure or ownership needs to change. This paragraph describes what may happen to your data in such an instance. In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be among the assets transferred to third parties as successors in interest. As part of this type of transaction, we reserve the right to transfer or assign your personal information to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Privacy Notice.

We need to comply with legal requirements.

We may disclose your information to government authorities or other third parties if any lawful circumstance arises, including where:

You have given us permission to share your information;

We are required to do so by law, or in response to a subpoena or court order;

We believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights or those of other users of the Website, third parties or the public at large; or

We believe that you have misused the Website by using it to attack or gain unauthorized access to a system or to engage in spamming or other conduct that violates applicable laws or our Terms of Use.

Securing Personal Information

We understand the importance of securing your personal information. We have implemented industry accepted administrative, physical, and technology-based security measures to protect against loss, misuse and alteration of data in our systems. We also ensure that any employee, contractor, or vendor who has access to personal information in our systems is subject to contractual and professional obligations to safeguard that data.

We use a third-party payment processor, which is PCI DSS compliant and uses SSL/TLS (Secure Sockets Layer) technology to encrypt your order information, such as your name, address, and credit card number, during data transmission.

Our customer service department and Website also operate over a private, secure network. We follow generally accepted industry standards, including implementing encryption, to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Your Rights to Your Personal Information

We understand that many of our customers would like to have control of their data. With this in mind, we have worked with our vendors to build our Website in a way that gives you the ability to review, update, or delete your information. This section details how.

Viewing or Updating your personal information.

If you have created an account with us, you may access your information by clicking on the User Account icon at the top of the Website or directly using this URL: https://www.protalus.com/account . You may make changes to personal contact information, including contact details such as mailing address and email address on this page. Be sure to click the “Update” button to save your changes.

You can also contact customer service to access or make changes to your information by calling 1.844.402.5446 or sending an email to customerservice@protalus.com.

Deactivating your account.

You may elect to deactivate your account at any time after you create it. In order to deactivate your account, please contact our customer service administrators by calling 1.844.402.5446 or sending an email to customerservice@protalus.com. Upon receiving your request, Protalus will deactivate your account and delete personal information where allowed or required by applicable law. Please note we may retain some information allowed by law, for instance – transactional information, related to our business.

Please note, our systems may retain some personal information, like email address, associated with transactional history on our Website, which we may be required to store for other compliance purposes.

Opting-Out.

For email communications: If you do not wish to receive promotional emails from us, including our e-newsletters, you may follow the unsubscribe process at the bottom of the promotional email you received or by emailing us at customerservice@protalus.com. Please keep in mind that you may still receive transactional emails from us (e.g., e-mails related to the completion of your registration, correction of user data, password reset requests, reminder emails that you have requested, and any other similar communications essential to your transactions on the Website) which may be necessary for us to process orders, make the Website available to you, or respond to your enquiries.

For interest-based ads: We do not control third parties’ collection or use of your information to serve interest-based ads. However, you can opt-out of receiving interest-based ads from third party advertisers and ad networks who are members of the NAI or who follow the DAA’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages of the NAI and DAA websites. If you opt-out, you may still see general advertising from us, meaning you may still see advertisements about our products, including ads provided by us or others on other third-party websites; they will just not be based on your particular interests or targeted to you based on the technologies we described above. Also note that your opt-out will be managed through the use of cookies, so if you delete these cookies or use a different Internet browser or computer, you will have to make this same election again.

International Customers

If you are located outside the United States and choose to provide information to us, please note that all data is processed in the United States. If and when this occurs, there will be protections in place to ensure the data is protected as the European Economic Area (“EEA”) requires. The protections include the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the EEA, you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us by using the email address noted at the end of this policy.

California Consumer Rights.

Beginning January 1, 2020, our Website visitors and product customers who reside in the state of California have additional rights reserved under the California Consumer Privacy Act and the California Shine the Light law. To be clear, if you are a California-based consumer, as that term is defined under California law, this section shall apply in addition to all other applicable rights and information contained in this privacy statement:

You have the right to request that we provide you with the categories of personal information and the specific pieces of personal information we have collected and stored about you.

You have the right to request that we delete personal information we, or our service providers, store about you.

We will not discriminate or retaliate against you if you elect to exercise any rights under this section of our Privacy Notice.

You may request that we not sell your personal information; as noted previously, Protalus does not sell your personal information.

You have the right to designate an authorized agent to make a request on your behalf.
Please see the “Identity Verification Requirement” section below for more information on our process for verifying we have received a legally valid request.

If you are a California consumer and have additional questions based on this section of our Privacy Statement, please email us at privacy@protalus.com, or call us toll-free at 1.844.402.5446. Also, be sure to check this policy for updates as we will review it at least every 12 months and make updates as necessary.

Identity Verification Requirement.

We are required by law to verify that any request submitted was made by someone with the legal right to access the information. Therefore, prior to accessing or divulging any information pursuant to a data subject access request, we may request that you provide us with additional information so we can verify your identity and legal authority, or require that you take an additional step such as logging into your account to validate your identity or to validate your identity through email verification.

To make a request, please contact us at privacy@protalus.com with “Personal Information Request” in the subject line and provide us with full details in relation to your request, including your contact information and any other detail you feel is relevant. We will provide a response to an access request within 30 days of receiving such request. If we cannot substantively respond in a timely manner, we will notify and provide you with the reason for the delay.

Under certain circumstances we may not be able to fulfill your request, such as where doing so would interfere with our regulatory or legal obligations, where we cannot verify your identity, or if your request involves disproportionate cost or effort; in any event, we will respond to your request within a reasonable time frame and as required by law, and provide you an explanation.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Such carefully selected third parties that we contract with, may send personal data to countries outside the European Economic Area (‘EEA’). If and when this occurs, there will be protections in place to ensure the recipient protects the data to the same standard as the EEA. The protections include:

transferring to a non-EEA country with privacy laws that give the same protection as the EEA;
putting in place a contract with the recipient that means they must protect personal data to the same standards as the EEA;

Suspected Breach of Privacy Notice

If you have received unwanted, unsolicited email from us or purporting to be sent by us, please forward a copy of that email with your comments to privacy@protalus.com for our review. If you feel that any of our privacy practices detailed in this Privacy Notice have been violated, you may contact us here:

Protalus USA, LLC

20750 SW 115th Ave

Suite 190

Tualatin, OR 97062

United States

privacy@protalus.com

Toll Free: 1-844-402-5446

Updates to this Privacy Notice

As we continue to grow our business and offer new products or services, this Privacy Notice will be updated to reflect our data handling practices. We reserve the right to amend this Privacy Notice at any time, for any reason, without additional notice to you, other than through posting the updated Privacy Notice at this Website. We invite you to periodically return to this page to ensure you are informed of any updates we make here about how we collect, use, and protect customer information. You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the beginning of this Privacy Notice.

Subscription Fee	Delivery Frequency	Estimated Savings (per year)
	$39.95 billed each month	1 pair every month = 12 pairs per year	$240.00
	$39.95 billed every other month	1 pair every month = 6 pairs per year	$120.00
	$39.95 billed every three months	1 pair every three months = 4 pairs per year	$80.00
$39.95 billed every six months	1 pair every six months = 2 pairs per year	$40.00

You chose the delivery frequency. All subscription fees, plus any applicable taxes, are processed on the day of the month according to your chosen delivery frequency and insoles are shipped according to our standard shipping terms (provided below). Subscription orders may be exchanged under our 90-day warranty policy but are not eligible for full money back refunds. You can choose to cancel your subscription at any time after two (2) payments with no additional fee. A $30.00 cancellation fee will be applied to any subscriptions totaling less than two (2) payments made. Subscription pricing cannot be combined with any other promotions or discounts.

Opting In

You can opt in to the Protalus Subscription Program at https://www.protalus.com/pages/subscription, or by contacting customer services at customerservice@protalus.com, via live chat, or 1.844.402.5446. Please note that you must be a registered user to participate in the Protalus Subscription Program.

Managing Your Subscription

Your subscription services will continue until you cancel or change your subscription. To change your delivery frequency or cancel your subscription, login to your account, go to the Manage My Subscriptions page, and select “Change my Subscription” or “Cancel Subscription.” You must make changes or cancel a subscription at least two (2) days before the next scheduled shipment for the change or cancellation to be effective.

You may also cancel or change your subscription settings by contacting customer service at customerservice@protalus.com, via our live chat, or 1.844.402.5446.

Ordering, Shipping, and Returns

Orders

All orders placed through the Website are subject to our acceptance. We cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order, or we will notify you if a shipment may be made at a later date.

Shipping

We strive to process and ship out orders the following business day. We attempt to post any delay in the shipping process to our Website. Typically, flat rate shipping is 3-5 business days, expedited shipping is 2-3 business days, and express shipping is 1-2 business days. All orders come with tracking numbers and shipped via USPS from Tualatin, Oregon. Please be advised USPS products and packages may require more time to be delivered due to limited transportation availability as a result of the ongoing COVID-19 impacts.

International Shipments

We currently do not ship outside of the U.S. Please check back in the future, to see if our policies have changed.

Limited Warranty and Returns

We offer a 90-Day Money Back Guarantee on all Protalus branded insoles purchased from the Website (excluding subscription orders and gift cards). This warranty extends to the original purchaser of Protalus branded insoles with proof of purchase and begins on the date of receipt. If you would like to return your Protalus insoles, please contact customer service for a return shipping label at 1.844.402.5446 or customerservice@protalus.com. If you choose not to use our prepaid return label, we do not refund return shipping cost. After we have received and verified your return, we will refund the original form of payment.

Intellectual Property

All materials included on the Website, such as product images and information, videos, graphics, articles and reports, and the software powering the Website (“Materials”), are the property of Protalus or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.

and other trademarks and logos that we use are trademarks of Protalus. Any third-party trademarks that appear on the Website are the property of their respective owners. You may not use any of these trademarks without express written permission from Protalus or their owners.

Limited License

So long as you comply with these Terms of Use, you may access the Website and view the Materials for non-commercial purposes. You may download and print a reasonable number of the Materials for your personal use only. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.

License Restrictions

Your right to use the Website is conditioned on compliance with these Terms of Use and applicable laws. You may not (and you may not permit anyone else to):

• Use any manual process or robot, spider, scraper, or other automated means to collect information from the Website or from other Website users;

• Use the Materials or other data or information from the Website for commercial purposes;

• Mirror any Materials contained on the Website or any Protalus server or use framing techniques to enclose the Website or any part of the Website;

• Circumvent any of the technical limitations of the Website;

• Interfere with or prevent access to the Website by other users, or impose an unreasonable service request or usage load on our infrastructure;

• Change or remove any copyright, trademark, or other proprietary notices on the Materials or Website;

• Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;

• Use any metatags or any other hidden text incorporating Protalus’s name or trademarks in any online Website or posting;

• Solicit, trace or otherwise collect any information from users or visitors of the Website;

• Use the Website for commercial activities such as contests or advertising; or

• Create a database by downloading and storing the Materials.

User Feedback and Other Data

Your feedback and Website participation are important to us. With respect to any content you submit or make available to Protalus or on the Website (including through social media channels), such as your “Success Story,” biography, likeness, comments, reviews, pictures, videos and other content (“User Content”), you grant to Protalus a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose.

In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services (“Feedback”), you agree that Feedback will be treated as non-confidential, and you assign all intellectual property rights in Feedback to Protalus.

You promise that your User Content and Feedback does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights.

Copyright Takedown Policy

Protalus respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at legal@protalus.com and provide the following information:

• A description of the copyrighted work that you believe has been infringed;

• A description of what the allegedly infringing work is;

• A description of the location where the allegedly infringing work is located on the Website;

• An address and telephone number where you can be contacted, including an email address if possible;

• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and,

• A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.

Communications

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails, and other communications between you and Protalus may be recorded.

Termination; Cooperation with Law Enforcement

If we believe you have violated these Terms of Use or any applicable law, we may terminate your account, block access to or use of the Website, and investigate and suspected violations of these Terms of Use. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Warranty Disclaimer

THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE WEBSITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE WEBSITE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROVIDER BASED UPON INFORMATION ON THE WEBSITE, WHETHER SUCH INFORMATION IS ACCURATE OR INACCURATE.

WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE WEBSITE, WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE EXPRESS LIMITED WARRANTY DESCRIBED ABOVE UNDER “LIMITED WARRANTY AND RETURNS”.

Limitation of Liability and Damages

THE REMEDIES DESCRIBED ABOVE UNDER “LIMITED WARRANTY AND RETURNS” ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY PROVIDED BY PROTALUS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTALUS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL PROTALUS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR MATERIALS EXCEED $500.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Protalus and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to defend and indemnify Protalus, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

Arbitration Agreement and Class Action Waiver

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with Protalus, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that Protalus and you are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action.

The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

You and Protalus each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to legal@protalus.com or a letter to Protalus Legal Dept., 20950 SW 115th Ave Suite 100, Tualatin, OR 97062 within 30 days after the date you first agree to these Terms of Use. If you don’t provide Protalus with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Protalus will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Miscellaneous

• Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, User Feedback and Other Data, Intellectual Property, Arbitration Agreement and Class Action Waiver, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages, and Miscellaneous.

• Assignment. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by Protalus without restriction.

• Limitations on Claims. Any cause of action or claim you may have with respect to Protalus or the Website (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.

• No Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

• Entire Agreement. These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Website. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

Contact Information

We would love to hear from you. You may contact us at customerservice@protalus.com or at 1.844.402.5446 with any questions about the Website or our products.