AGREEMENT BETWEEN USER AND AMERICAN PROSTHETIC COMPONENTS, INC.

American Prosthetic Components, Inc. offers this web site to the user conditioned on acceptance by the user without modification of the terms, conditions, and notices contained herein. By accessing and using this web site, the user is deemed to have agreed to all such terms, conditions, and notices.

PRIVACY STATEMENT

We use the information provided during registration to customize the content of our site to meet your specific needs, to authenticate purchasers and to make product improvements to the American Prosthetic Components web site.

We respect and will continue to respect the privacy of our customers who use the American Prosthetic Components web site.

We do not sell individual customer names or other private profile information to third parties and do not intend to do so in the future. We do share user information with our partners/vendors only for specific and pertinent promotional use but only if our customers have opted to receive such information or promotions. As a user of APComponents.com, you have the option to receive updates about special offers, new American Prosthetic Components services and noteworthy news. To receive the information you must register for our promotional email programs.

PERSONAL AND NON-COMMERCIAL USE LIMITATIONS

This web site is for the user to conduct business with American Prosthetic Components. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this web site are copyright protected by © 2002-2008 American Prosthetic Components, Inc. and/or their suppliers. All rights reserved. Products, pictures, descriptions and company names mentioned herein are the trademarks of their respective owners.

LIABILITY DISCLAIMER

The information, software, products, and services published on this web site may include inaccuracies or typographical errors. Changes are made periodically to the information on the site. American Prosthetic Components and/or its respective suppliers may make improvements and/or changes in this web site at any time.

American Prosthetic Components, and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on this web site for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. American Prosthetic Components, and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of Sale and/or purchase, fitness for a particular purpose, title and non-infringement. In no event shall American Prosthetic Components and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if American Prosthetic Components and/or any of its suppliers has been advised of the possibility of damages.

NO UNLAWFUL OR PROHIBITED USE

As a condition of use of this web site, user warrants to American Prosthetic Components that user will not use the web site for any purpose that is unlawful, or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTIES' WEB SITES

This web site may contain hyper-links to web sites operated by third parties other than American Prosthetic Components. Such hyper-links are provided for user's references only. American Prosthetic Components does not control such web sites and is not responsible for their contents. Inclusion of hyper-links to such web sites, by American Prosthetic Components does not imply any endorsement of the material on such web sites or any association with their operators.

USE OF EMAIL OR OTHER COMMUNICATIONS FORUMS

To the extent that this web site contains email or other communication facilities ("forums"), the user agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the user agrees that when using a forum, the user shall not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage, restrict the use of or inhibit the operation of a computer or computers.
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in or up loaded to this web site.
Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters.
Download any file that the user knows, or reasonably should know, cannot be legally distributed via this web site.
The user agrees to use this web site only as permitted by these terms and conditions or any additional policies or procedures published in this web site from time to time by American Prosthetic Components, and applicable law. The user acknowledges that emails and any other such communications forums hosted by this web site are public and not private communications.

American Prosthetic Components reserves the right to deny in its sole discretion any user access to this web site or any portion thereof without notice. American Prosthetic Components reserves the right to edit any notices for clarity and length at anytime without notice.

SOFTWARE AVAILABLE ON THIS WEB SITE

For any software not accompanied by a license agreement, the following shall constitute the License agreement. "American Prosthetic Components and/or their suppliers hereby grant to the user a personal, nontransferable license to use the software for viewing and otherwise using this web site in accordance with these terms and conditions, and for no other purpose." Please note that all Software, including without limitation all HTML code and Active X controls contained in this web site, is owned by American Prosthetic Components and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

SERVICE CONTACT

Contact American Prosthetic Components with questions or problems with this web site.

MODIFICATION OF THESE TERMS AND CONDITIONS

American Prosthetic Components reserves the right to change this agreement at any time by revising the terms and conditions herein. The user is responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes shall constitute the user's acceptance of such changes.

GENERAL

This agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this agreement, the terms of this agreement shall control.

This agreement shall be deemed to have been made in the State of Wisconsin, USA and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Wisconsin, USA, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Brown, Wisconsin, USA for the determination of any claim or controversy between the parties and arising out of or relating to this agreement. Both parties hereby consent to the jurisdiction of the Wisconsin courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

The user acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and American Prosthetic Components as a result of this agreement or use of this web site. user agrees not to hold himself or herself out as a representative, agent, or employee of American Prosthetic Components and American Prosthetic Components shall not be liable for any representation, act or omission of the user.

American Prosthetic Components' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of American Prosthetic Components' right to comply with law enforcement requests or requirements relating to the user's use of this web site or information provided to or gathered by American Prosthetic Components with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and American Prosthetic Components with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and American Prosthetic Components with respect to this web site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

INDEMNITY

As a condition of use of this web site, the user agrees to indemnify American Prosthetic Components and/or its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from user's use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by user of these terms and conditions.

OTHER ACKNOWLEDGMENTS

Although every effort has been made to ensure the correctness of this information, American Prosthetic Components, Inc., and its authors do not assume and hereby disclaim any liability to any part for any loss or damage caused by errors, omissions, misleading information or any potential purchase problem caused by information provided by American Prosthetic Components, Inc., even if such errors or omissions are a result of negligence, accident or any other cause.