1. About These Terms

These Terms of Use (the “Terms”) form an agreement between you and Orthotics Direct, Inc., operating as Orthotics Direct (“Orthotics Direct,” “we,” “us” or “our”). They govern your access to and use of orthoticsdirect.com, including any related webpages, accounts, forms, questionnaires, chat features and online services (collectively, the “Site”), and any order you place through the Site.

By accessing the Site, creating an account, submitting information or placing an order, you agree to these Terms. If you do not agree, do not use the Site or place an order.

The following policies and information are incorporated into these Terms and should be reviewed before purchase: our Privacy Policy, Returns and Exchanges Policy, any Shipping Policy displayed on the Site, product descriptions, fit or break-in instructions, and any additional terms shown to you during checkout. For a purchase, the versions presented or linked at the time of that purchase apply, subject to applicable law.

2. Eligibility and Authority

You must be at least 18 years old and have reached the age of majority in your state of residence to create an account or place an order. A parent or legal guardian may place an order for a minor or another person for whom they are legally authorized to act.

If you order for another person, you confirm that you are authorized to provide their information and foam impressions and to accept these Terms on their behalf. You must not submit a foam impression, measurement, prescription or health-related information belonging to another person without appropriate authority or consent.

3. Accounts and Account Security

You agree to provide accurate, complete and current information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account. Notify us promptly if you suspect unauthorized access or use.

We may require identity, order or payment verification before processing a transaction, releasing documents, changing account information or discussing an order.

4. General Information and Medical Disclaimer

Orthotics Direct is an online retailer and manufacturer of custom-made orthotic devices and related services. The Site provides educational, product and retail information. It does not provide a medical diagnosis, prescribe treatment, create a physician-patient or other licensed-provider relationship, or substitute for an in-person assessment by a physician or other qualified healthcare professional.

Any questionnaire, product selector, chatbot, automated response, customer-service guidance, biomechanical assessment report, proof of manufacture or other document we provide is based on the information and foam impressions available to us and is not a medical diagnosis, prescription or guarantee of a particular health outcome.

Consult an appropriate healthcare professional about persistent or worsening pain, a recent injury, significant changes to your feet, loss of sensation, wounds, circulation concerns, or any condition that may affect whether or how you should use an orthotic. If a product causes significant pain, skin injury, numbness or another concerning reaction, stop using it and seek appropriate advice.

5. Product Selection and Customer Information

You are responsible for selecting the orthotic type, activity category, support options and intended shoe type that appear appropriate for your intended use, and for providing complete and accurate information in all questionnaires and communications. Our team may contact you for clarification and may recommend a different product or require you to complete a replacement foam impression kit when reasonably necessary to complete an order.

Product recommendations are general. Foot shape, shoe construction, activity, wear patterns, health history and personal comfort vary. Not every orthotic is compatible with every shoe, and changing shoes may affect fit or comfort. You are responsible for checking that the orthotic sits securely and can be used safely in the intended shoe.

You must inform us of relevant changes since a prior order, including growth, surgery, injury, pregnancy, major weight change, changes in symptoms, or changes to the shoes in which the device will be used. We may require you to complete a new foam impression kit before manufacturing a repeat order.

6. Foam Impression Kits

Orthotics Direct currently accepts only foam impression kits for custom orthotic orders. You agree to follow the impression and return instructions supplied with your order. A poor, incomplete, damaged, contaminated, mismatched or otherwise unsuitable foam impression may delay your order or require a replacement kit. We may decline to fabricate from an impression that our technicians consider unsuitable.

You are responsible for ensuring that each foam impression is clearly identified and corresponds to the correct customer and foot. Completing and returning a foam impression kit does not eliminate your responsibility to tell us when your feet, needs or intended shoes have changed. We may require a new foam impression kit at any time when reasonably necessary for fit, quality or safety. Impression and account information is handled in accordance with our Privacy Policy and applicable law.

7. Orders and Acceptance

Your submission of an order is an offer to purchase. An automated order confirmation acknowledges receipt but does not necessarily constitute acceptance. We may accept an order by beginning fulfillment or fabrication, charging or capturing payment, or sending a shipment or fabrication confirmation.

We may refuse, limit or cancel an order before acceptance for reasons including product unavailability, inability to fabricate as requested, inaccurate or incomplete information, suspected fraud, payment issues, shipping restrictions, pricing or description errors, misuse of a promotion, or a breach of these Terms. If we cancel after collecting payment, we will refund the amount collected for the canceled item or order, subject to any lawful and disclosed charge for work already performed on a customer-requested cancellation.

We may limit quantities or decline orders that appear intended for unauthorized resale or commercial distribution.

8. Prices, Currency, Taxes and Payment

Unless the Site clearly states otherwise, prices on orthoticsdirect.com are shown in U.S. dollars and exclude applicable sales, use or similar taxes. Shipping or other charges, if any, will be disclosed before you complete checkout. You are responsible for all charges and taxes shown in the order total and for any use tax that applicable law requires you to report or pay directly.

Prices, promotions and product availability may change without notice. A price or description error may be corrected before an order is accepted. If a correction materially affects an accepted order, we will contact you and provide any options required by law.

Payments are processed by Shopify and/or other third-party payment providers. You confirm that you are authorized to use the selected payment method and authorize the applicable charges. Payment providers may apply their own terms and privacy practices.

9. Custom-Made Orthotics and Order Cancellation

Custom orthotics are manufactured to the customer’s impressions and specifications and cannot ordinarily be resold. As a result, they are non-refundable except where required by law or expressly provided in our Returns and Exchanges Policy.

Contact Customer Service as soon as possible to request cancellation. If fulfillment has begun but fabrication has not yet reached the non-cancelable stage, a $50 cancellation fee may be deducted to cover work and materials already committed. Once we have received your completed foam impression kit and fabrication has begun, the custom-orthotic portion of the order can no longer be canceled, except where applicable law requires otherwise.

Cancellation of a foam kit, replacement kit or any other non-custom item that may be offered through the Site is subject to the order status and our Returns and Exchanges Policy.

10. Shipping, Delivery and Risk

Production and delivery dates are estimates unless we expressly agree otherwise in writing. Timing may be affected by the quality and return of your impression, product or material availability, carrier delays, weather, customs or border delays, address errors and other circumstances beyond our reasonable control.

You are responsible for providing a complete and accurate delivery address and for following tracking and carrier instructions. Additional charges caused by an incorrect address, refused delivery, unclaimed shipment or repeated delivery attempt may be charged where permitted by law and disclosed to you.

Title and risk of loss pass as provided by applicable law and any shipping terms disclosed at checkout. Nothing in these Terms limits any non-waivable right relating to late delivery, non-delivery, damaged goods or an unauthorized transaction.

11. Returns, Modifications and Fit Support

Our current return, adjustment and modification procedures are set out in the Returns and Exchanges Policy available on the Site. You must contact Customer Service and obtain any required authorization before returning an item. Products must be packaged and returned as instructed; returns sent without required documentation may be delayed or refused where permitted by law.

Custom orthotics are eligible for free modifications and adjustments for up to 90 days from the date of purchase under our current policy. This fit-support commitment does not cover misuse, unauthorized alteration, accidental damage, normal wear, material changes to the customer’s feet or intended use, or use in incompatible shoes.

Except where required by law or expressly stated in the Returns and Exchanges Policy, custom orthotics are not eligible for a cash refund or ordinary return. Any comfort guarantee, exchange statement or similar offer displayed on the Site applies only according to its stated conditions and the Returns and Exchanges Policy.

Nothing in this section limits a remedy available under applicable federal or state consumer-protection, warranty or product-liability law.

12. Insurance, Health Savings Accounts and Reimbursement

Health insurance, HSA, FSA and other reimbursement rules vary by provider and plan. You are responsible for confirming your plan’s requirements before purchase, including any requirement for a prescription, diagnosis, in-person assessment, licensed-provider dispensing, preauthorization or specific documentation.

We may provide our standard itemized receipt, proof of manufacture, biomechanical assessment report or other documentation after fabrication or shipment. Providing documentation does not mean that a claim will be approved. We do not interpret individual benefit plans, submit claims on your behalf unless expressly agreed, guarantee reimbursement, or undertake to complete forms or provide documentation beyond what we ordinarily issue. Denial or partial payment by an insurer, HSA/FSA administrator or plan administrator does not create a right to cancel or obtain a refund for a custom-made orthotic.

13. Product Use, Care and Changes in Condition

Follow all supplied fit, break-in, cleaning, inspection and care instructions. Use products only for their intended purpose and in compatible shoes. Do not materially alter an orthotic without consulting us, as unauthorized changes may affect fit, performance and eligibility for support.

Comfort and adaptation vary. You are responsible for monitoring the condition of the product and replacing it when worn, damaged or no longer suitable. A previous product, foam impression or order does not guarantee that the same design will remain appropriate indefinitely.

14. Promotions, Discounts and Gift Cards

Promotions, discount codes, bundles, credits and gift cards are subject to any additional conditions displayed with the offer. Unless stated otherwise, promotions cannot be combined, applied retroactively, exchanged for cash or used for unauthorized resale. We may correct or cancel a promotion affected by error, misuse or fraud, subject to applicable law.

15. Site Content and Intellectual Property

The Site and its content, including text, graphics, photographs, videos, product descriptions, questionnaires, software, designs, trademarks, logos and compilations, are owned by or licensed to Orthotics Direct and are protected by United States and international intellectual-property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, lawful shopping and informational purposes. You may not reproduce, scrape, distribute, modify, reverse engineer, frame, republish, sell or commercially exploit Site content without our prior written permission, except as permitted by law.

16. Reviews, Photos and Other User Content

If you submit a review, testimonial, photograph, video, question, comment or other content (“User Content”), you confirm that you have the right to submit it and that it is accurate to the best of your knowledge, lawful and not misleading, infringing, defamatory, abusive or confidential. You must clearly disclose any material connection, incentive or benefit associated with a review or endorsement.

You grant Orthotics Direct a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, adapt, publish, translate and display User Content for operating, improving and promoting our business and products, subject to applicable privacy and advertising laws. We may moderate or remove User Content, but are not required to do so.

Do not post personal health, payment, identification or other sensitive information in a public review or social-media submission.

17. Acceptable Use

You must not use the Site to:

·    violate any law, regulation, third-party right or these Terms;

·    submit false, fraudulent, malicious or misleading information;

·    interfere with Site security, availability, accounts, networks or transactions;

·    introduce malware, automated abuse, excessive requests, scraping tools or unauthorized bots;

·    impersonate another person or use another person’s information without authority;

·    circumvent purchase limits, promotions, access controls or payment protections; or

·    use the Site or its content to develop, train or improve a competing commercial product or artificial-intelligence system without written permission.

18. Third-Party Services and Links

The Site may rely on or link to Shopify, payment processors, shipping carriers, social networks, review services, analytics providers, maps, videos, chat tools and other third parties. Third-party services are controlled by their providers and may be subject to separate terms and privacy policies. We are not responsible for third-party content or services, except to the extent responsibility cannot lawfully be excluded.

19. Privacy and Electronic Communications

Our collection, use, disclosure, storage and protection of personal information are described in our Privacy Policy and, where applicable, our Your Privacy Choices page. By providing information, you acknowledge that it will be handled for the purposes described in those notices and as permitted or required by law.

You agree to receive transactional electronic communications relating to your account, foam impression kits, orders, returns, shipping, security and customer service. Marketing email or text messages will be sent only as permitted by law and with any consent required by law. You may unsubscribe using the method provided in the message. Unsubscribing from marketing does not prevent necessary transactional communications.

20. Disclaimers and Mandatory Rights

We make reasonable efforts to keep Site information accurate and to manufacture and supply products as described. However, colors, textures and appearance may vary by screen, material lot and manufacturing process, and minor differences may occur in handcrafted or custom-made products.

Except for an express warranty, guarantee or commitment stated in these Terms, the Returns and Exchanges Policy, a product description or applicable law, the Site and products are provided on an “as available” and “as described” basis. To the fullest extent permitted by law, we disclaim warranties that may otherwise be implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Some states do not allow the exclusion or limitation of implied warranties or certain remedies. Nothing in these Terms excludes, restricts or modifies any warranty, remedy or consumer right that cannot lawfully be excluded, restricted or modified, and any permitted limitation applies only to the extent allowed in your state.

21. Limitation of Liability

To the fullest extent permitted by law, Orthotics Direct and its directors, officers, employees, affiliates, agents and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for loss of profits, revenue, opportunity, goodwill or data, arising from the Site, an order or a product, even if advised that such loss may occur.

To the fullest extent permitted by law, our aggregate liability arising from a product or order will not exceed the amount you paid to us for the product or order giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be limited or excluded, including liability arising from fraud, willful misconduct, gross negligence, or personal injury or property damage to the extent applicable law prohibits limitation. They also do not reduce any mandatory consumer remedy or excuse us from performing an express obligation we have accepted.

22. Suspension and Termination

We may suspend or terminate access to an account or the Site when reasonably necessary to protect customers, prevent fraud or abuse, comply with law, investigate a security issue, or address a material breach of these Terms. Termination does not affect rights and obligations relating to an accepted order, payment, return, intellectual property, privacy, liability or any provision intended to survive termination.

23. Governing Law and Disputes

These Terms are governed by the laws of the State of Indiana and applicable federal law, without regard to conflict-of-law rules. Subject to any mandatory right you may have to bring a claim elsewhere, you and Orthotics Direct consent to personal jurisdiction and venue in the state courts located in Hendricks County, Indiana, and the federal courts in the Southern District of Indiana for disputes arising from these Terms, the Site or an order.

Nothing in these Terms prevents a consumer from relying on mandatory consumer-protection, privacy, warranty or other rights that apply in the consumer’s state of residence, or from bringing an eligible matter in small-claims court where permitted. Before starting formal proceedings, we encourage you to contact Customer Service so we can attempt to resolve the matter promptly.

24. Changes to the Site and These Terms

We may update the Site, products, policies and these Terms from time to time. The “Last updated” date identifies the current version. Changes apply prospectively when posted or on a later date stated in the update. Material changes will be communicated when required by law. Changes do not retroactively alter an accepted order unless you agree or the change is required by law.

25. General Provisions

If any provision of these Terms is found invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign your account or rights under these Terms without our written consent; we may assign these Terms in connection with a corporate reorganization, financing, sale or transfer of all or part of our business, subject to applicable law.

These Terms and the policies and product-specific terms incorporated into them constitute the entire agreement between you and Orthotics Direct regarding the Site and your purchase, except for any separate written agreement signed by an authorized representative of Orthotics Direct.

26. Contact Us

Questions, cancellation requests, return or modification requests, and concerns about these Terms may be directed to:

Business	Orthotics Direct, Inc. (operating as Orthotics Direct)
Address	1630 E. Northfield Dr, Brownsburg, IN 46112, United States
Email	csr@orthoticsdirect.com
Telephone	1-800-643-1969
Website	https://orthoticsdirect.com