Last Updated: March 25, 2025

Welcome to fallbrookfootdoctor.com (the “Site”), the official website of Fallbrook Podiatry Inc. (referred to as “Fallbrook Podiatry,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our Site. By accessing, browsing, or using this Site in any manner, you (“User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our accompanying Privacy Policy and Disclaimer (which are hereby incorporated by reference). If you do not agree with any part of these Terms, please do not use our Site.

These Terms constitute a legally binding agreement between you and Fallbrook Podiatry Inc., a corporation based in Fallbrook, California, USA (ZIP code 92028). We encourage you to read these Terms carefully. We strive to use clear and accessible language, but if you have any questions, you may contact us for clarification. We reserve the right to update or modify these Terms at any time (see Changes to Terms below), so please review them periodically.

1. Use of the Site

Eligibility: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use this Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian. By using the Site, you represent and warrant that you meet these eligibility requirements. The Site is intended for users in the United States; if you are accessing from another country, be aware that you are responsible for compliance with any local laws.

Permitted Use: We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its content for your personal, non-commercial use only, and only as permitted under these Terms and applicable laws. This means you may view, download, and print pages from the Site for your own informational use (for example, to learn about foot conditions or our services, or to contact us). Any other use of the Site or its content is strictly prohibited unless you obtain our prior written permission.

Prohibited Uses: You agree not to misuse our Site or its content. By using the Site, you agree that you will NOT:

• Violate Laws or Regulations: Use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable federal, state, or local laws and regulations. This includes not engaging in any fraudulent activity or impersonation of others.
• Unauthorized Access: Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or our servers, by hacking, password “mining,” or any other illegitimate means.
• Interfere with Functionality: Introduce any viruses, malware, worms, Trojan horses, harmful code, or any other material that is malicious or technologically harmful. You must not attack our Site via a denial-of-service attack or interfere with the proper working of the Site (including scraping content, triggering excessive demand, or using any automatic device, program, or methodology to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce).
• Harvest Data: Collect or harvest any information or data from the Site (for example, through automated scripts or bots), or attempt to read or extract the source code of the Site, except as explicitly allowed by us. This includes refraining from scraping our content or extracting users’ information.
• Infringe Intellectual Property: Use the Site or any content on it in a way that infringes on any intellectual property rights (ours or those of others). You must not reproduce, distribute, modify, or create derivative works of our content beyond what is allowed under Intellectual Property rights below.
• Misrepresentation: Misrepresent your identity or affiliation with any person or entity, or engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Fallbrook Podiatry or users of the Site or expose them to liability.
• Posting Offensive Material: (If our Site allows any form of user comments or input) You agree not to post or transmit any material that is defamatory, harassing, threatening, invasive of privacy, obscene, abusive, hateful, or otherwise objectionable. (Note: Currently, our Site does not have public forums or comment sections for users; this is just in case any interactive features are added.)

We reserve the right to terminate or restrict your access to the Site, without notice, if we suspect any violation of these rules or any harmful behavior. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

2. Intellectual Property Rights

Ownership of Content: All content on the Site, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, and design/layout (collectively, the “Content”), is the property of Fallbrook Podiatry Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on the Site is the exclusive property of Fallbrook Podiatry Inc. All rights not expressly granted to you in these Terms are reserved by us.

Trademarks: The name “Fallbrook Podiatry Inc.”, our logo, and any other product or service names or slogans on the Site are trademarks or service marks of Fallbrook Podiatry Inc. (unless otherwise indicated as third-party marks, such as product names we may mention). You are not permitted to use our trademarks without our prior written consent. All other trademarks appearing on the Site are the property of their respective owners.

Limited Permission: You may, for your personal use, temporarily download or print one copy of portions of the Content from the Site, provided that you: (a) do not remove any copyright, trademark, or other proprietary notices from the materials; (b) do not modify the Content in any way; and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands without our approval. This permission is a license, not a transfer of title. You may not otherwise reproduce, sell, publish, distribute, display, or exploit any Content or the Site itself for any commercial purpose without our express written permission.

User Submissions: If our Site allows you to submit or upload any content (such as comments, feedback, or other materials), then by submitting such content you grant Fallbrook Podiatry Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent that you own or have the necessary rights to the content you submit and that its submission does not violate any law or rights of any third party. (As of the latest update, our Site’s interactive features are limited. For example, a “Contact Us” form allows you to send us a message. Any content you send via such a form is used to respond to you and will be handled in accordance with our Privacy Policy. We do not currently display user-submitted content publicly.)

3. Medical Content and No Professional Advice

Informational Use Only: The content on our Site related to medical or health topics (including podiatry information, articles, FAQs, and any advice tips) is provided for general informational purposes only. As stated in our Disclaimer, this content is not intended to be medical advice and should not be relied upon as a substitute for consultation with a licensed healthcare provider.

No Doctor-Patient Relationship via Site: Using our Site, including sending us a message or receiving a response, does not establish a doctor-patient relationship (see the detailed explanation in our Disclaimer). You understand that we are presenting general information and that any reliance on the material on the Site is at your own risk. If you have medical questions or need personal medical advice, you should schedule an appointment or see a physician in person.

No Telehealth Services: The Site itself is not a platform for providing medical services or telehealth. We do not diagnose conditions, prescribe treatments, or offer specific medical consultations through the general use of the Site or via unsecured email. While we may offer official telehealth appointments through secure, approved channels (in compliance with telehealth laws and only to patients within relevant jurisdictions), those services would be arranged separately (for instance, by phone or through a specialized telemedicine application) and are outside the scope of this Site’s general use. No prescriptions or medical treatments will be provided solely as a result of a website inquiry or without proper patient evaluation. If you require medical assistance, please contact our office or another healthcare provider to schedule a proper consultation.

By accepting these Terms, you acknowledge and agree that any actions you take based on information on the Site are your own responsibility, and you agree not to hold Fallbrook Podiatry Inc. liable for any outcomes of such actions, as further detailed in Section 7 (Limitation of Liability).

4. Privacy and Data Use

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and protect your personal information when you use our Site. These Terms incorporate our Privacy Policy by reference. By using the Site, you consent to the collection and use of information as outlined in the Privacy Policy.

In summary (see the full Privacy Policy for details): when you use our Site, you may provide certain personal information (like your name, email, phone number via a contact form). We handle this information in accordance with applicable laws (including California privacy laws like CCPA) and use it primarily to respond to your inquiries or improve our services. We also use cookies and analytics on the Site to enhance user experience, which you can manage via your browser settings. We do not sell your personal data.

If you do not agree with our data practices as described, please do not use the contact forms or otherwise submit personal information via the Site. And if you have any privacy-related questions, you can reach out to us using the contact information in the Privacy Policy.

User Accounts: (Note: Currently, our Site does not require user registration or accounts to access content. If in the future we implement any account or login features for scheduling or other services, additional terms regarding account security and responsibilities will apply, and we will provide those to you at that time.)

5. Links to Third-Party Websites

For your convenience and information, our Site may contain links to third-party websites or services that are not owned or controlled by Fallbrook Podiatry Inc. This can include, for example, links to external resources about foot care, other medical professionals, product suppliers, or our social media pages on platforms like Facebook or Instagram.

No Control or Endorsement: We do not have control over these third-party sites and are not responsible for the content, products, services, or privacy practices on those sites. Inclusion of any link on our Site does not imply that we endorse or recommend that third party or their site. If you click a third-party link, you will be directed to that third party’s site and you should review their terms and policies, as they likely differ from ours.

Third-Party Tools/Content: Sometimes we might incorporate content or tools from third parties into our Site – for example, an embedded Google Map showing our office location, or a YouTube video of a foot exercise, or a scheduling widget hosted by a service provider. When you interact with these tools, the third-party providers may collect data or require you to agree to their own terms. We try to use reputable providers and we include them to enhance your experience, but we aren’t liable for their actions or content. If you have concerns about a third-party feature, you may avoid using it (e.g., you can find our office via a map service directly, rather than using the embed, if you prefer).

In short, any third-party websites or content you access from our Site are at your own risk, and you acknowledge that Fallbrook Podiatry Inc. has no liability arising from your use of any third-party websites or resources.

6. E-Commerce and Future Services

Current Status (No Online Sales): As of the latest update of these Terms, our Site does not offer direct purchase of products or services online. We do not currently sell any products, collect payment information through the website for e-commerce, or conduct online transactions for goods/services (apart from possibly providing information on how to pay your bill or listing accepted payment methods for in-office services). Any payments for our medical services are handled in person at our office or through separate billing arrangements, not via this Site.

Future Offerings: We reserve the right to introduce online services or e-commerce features on our Site in the future. For example, we may decide to sell orthopedic products, foot care items, or offer appointment booking deposits, etc., through the Site. If we do so:

• We will update this section of the Terms and/or provide additional Terms of Sale or Service specific to those online offerings. Those additional terms would be presented to you at the time of purchase or use of the new feature, and by completing a purchase you would agree to those terms.
• Any online sale of products or services will comply with applicable consumer protection laws. We will clearly display pricing, shipping (if applicable), refund/cancellation policies, and any other relevant information.
• You will likely need to provide certain information (such as payment details, shipping address, etc.) to complete a transaction. Rest assured, any such information will be handled securely and in accordance with our Privacy Policy or a specific privacy notice for that transaction.
• We reserve the right to limit the quantities of any products or services we offer, and to refuse or cancel any order for any reason (such as suspected fraud, product availability, errors in pricing/information, or violation of these Terms).
• If you are unhappy with a product or service purchased in the future through our Site, your remedies (like return, refund, or exchange) will be governed by the specific policies in place at that time.

Until such features are launched (if ever), any mention of products or services on the Site is purely informational and does not constitute an offer to sell or a solicitation of an offer to buy any product or service through the Site.

No Unlawful Use: Even if we add e-commerce, you agree not to use any products purchased from our Site for any illegal or unauthorized purpose. The sale of any medical-related products may be subject to regulation, and by purchasing, you might represent that you are authorized or have any necessary prescriptions if that were relevant (though we do not anticipate selling prescription items online).

7. Disclaimer of Warranties

Site Provided “As Is”: Your use of this Site is at your sole risk. The Site and all Content, information, and services provided through it are provided on an “as is” and “as available” basis. Fallbrook Podiatry Inc. and its owners, officers, employees, and agents disclaim any and all warranties of any kind, whether express or implied, to the fullest extent permissible under applicable law. This includes, but is not limited to:

• Implied Warranties: We disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of informational content. We make no warranty that the Site will meet your requirements or expectations.
• Availability: We do not guarantee that access to the Site will be uninterrupted, timely, secure, or error-free. There may be times when the Site is unavailable due to maintenance, technical issues, or reasons beyond our control. We are not responsible for any damage that may result from any downtime or access issues.
• Accuracy and Completeness: While we try to post accurate and reliable information, we make no representations or warranties regarding the completeness, accuracy, or timeliness of any content. Medical information especially can become outdated. The Site’s content is not guaranteed to be error-free or comprehensive.
• Security: Although we take security measures (as described in our Privacy Policy), we cannot warrant that the Site is free of viruses, malware, or other harmful components. It is your responsibility to use appropriate cybersecurity measures (such as anti-virus software) to protect your own device and data.

Any advice or information obtained from the Site (orally or in writing) from Fallbrook Podiatry does not create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the extent permitted by law.

8. Limitation of Liability

To the extent allowed by law, in no event shall Fallbrook Podiatry Inc., nor its doctors, directors, officers, employees, agents, or affiliates, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your access to, use of, or inability to use the Site or any Content on the Site. This includes, without limitation, any loss of profits, data loss, business interruption, personal injury, pain and suffering, emotional distress, or similar damages, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Fallbrook Podiatry Inc. has been advised of the possibility of such damages.

Specifically, you acknowledge that:

• We will not be liable for any injury or harm that you claim to experience from acting on information obtained from our Site. (For example, if you read about a home remedy or exercise on our Site and attempt it, resulting in injury, we are not responsible – always seek professional guidance).
• We are not liable for any decisions you make based on content on the Site, including financial decisions or choices of health providers or treatments.
• If you are dissatisfied with the Site, any content, or any of these Terms, your sole and exclusive remedy is to discontinue using the Site.

Maximum Liability: In the event that any liability is imposed on Fallbrook Podiatry Inc. despite the above (for example, due to a court finding an exclusion of liability unenforceable in a given case), our liability to you for any damages or losses shall not exceed the amount of fifty U.S. dollars (USD $50.00). This cap on liability applies to all claims of every kind, and any claims in aggregate, including (without limitation) claims based on breach of contract, breach of warranty, negligence, strict liability, misrepresentations, or other torts.

Exceptions: Some states or jurisdictions do not allow the exclusion or limitation of certain damages. If laws that apply to you do not allow the exclusion or limitation of liability as set forth above, those limits will apply to the maximum extent allowed by law.

By using the Site, you agree to this allocation of risk. These limitations are an essential part of the bargain between us and are a material inducement for us to provide the Site.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fallbrook Podiatry Inc. and its officers, directors, employees, agents, affiliates, and representatives, from and against any and all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees) that arise out of or are related to your use of the Site or your violation of these Terms or your violation of any rights of a third party or any law.

This means that if a third party brings a claim against us due to your conduct – for example, if you posted content that infringes someone’s copyright (in a scenario where user content posting is available) or you violate someone’s privacy or you misuse the Site in a way that causes harm – you will be responsible for all the costs and damages we incur as a result of your actions.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and in such case, you agree to cooperate with our defense of such claim. You agree not to settle any such matter without the prior written consent of Fallbrook Podiatry Inc.

This indemnification obligation will survive the termination of these Terms and your use of the Site.

10. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute or claim arising out of or in connection with the Site (including any use of the Site or any content on it), shall be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to any conflict of law principles. This means that the laws of California will apply to any disputes, even if you are accessing the Site from outside California or the United States.

Jurisdiction and Venue: You agree that any legal action or proceeding arising out of or related to these Terms or the use of the Site shall be brought exclusively in the state or federal courts located in San Diego County, California (if a state court, the Superior Court of California in San Diego County; if federal, the United States District Court for the Southern District of California). You consent to the personal jurisdiction of these courts and waive any objections (such as inconvenient forum) to the exercise of jurisdiction over you by such courts. (Fallbrook is in San Diego County’s jurisdiction.)

Waiver of Class Actions: To the extent permitted by law, you and Fallbrook Podiatry Inc. agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Specific Performance: Notwithstanding the above, you agree that we may seek injunctive or other equitable relief in any jurisdiction to protect our intellectual property or confidential information, if applicable.

11. Termination

These Terms are effective unless and until terminated by either you or Fallbrook Podiatry Inc. You may terminate this agreement at any time by ceasing all use of our Site and destroying any materials obtained from the Site (and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise).

We may terminate or suspend your access to the Site (in whole or in part), without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any applicable law or these Terms. Upon any termination of this agreement by either party, you must promptly cease using the Site. The provisions of these Terms which by their nature should survive termination (such as Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) shall survive any termination.

12. Changes to These Terms

We reserve the right to modify or update these Terms and Conditions at any time. If we make material changes, we will make reasonable efforts to notify you of such changes, for example by updating the “Last Updated” date at the top of this document, and possibly by a notice on our website’s homepage or a direct communication if you have provided contact information for such purposes. However, it is ultimately your responsibility to review these Terms periodically for any updates or changes.

Any changes to these Terms will become effective immediately upon being posted on this page, unless stated otherwise. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, you must stop using the Site.

For any clarification regarding changes or if you have questions about the Terms, please contact us (contact information is provided in Section 14 below).

13. Miscellaneous

Entire Agreement: These Terms (along with our Privacy Policy and Disclaimer) constitute the entire agreement between you and Fallbrook Podiatry Inc. concerning your use of the Site, and supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site. Any additional terms on the Site (such as a click-through agreement for scheduling, or terms posted for a specific program) are hereby incorporated by reference and form part of this agreement to the extent they apply to you.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, the invalid provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by us of any term or condition set forth in these Terms shall be considered a further or continuing waiver of that term or any other term.

Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and duties under these Terms to any party at any time without notice to you (for instance, if ownership of the company or site changes, or by operation of law).

Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.

Electronic Communications: The communications between you and Fallbrook Podiatry Inc. use electronic means, whether via the Site, email, or otherwise. For contractual purposes, you (a) consent to receive communications from us in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Contact Information

If you have any questions about these Terms and Conditions, the practices of this Site, or your dealings with this Site, you can contact us:

• Fallbrook Podiatry Inc.
  Attn: Website Administrator / Legal
  407 Potter St., Suite A
  Fallbrook, CA 92028, USA
• Phone: (760) 728-4800
• Email: [Please reach out via our contact form for a direct email address]

Our office hours are NOTED ON THE WELCOME PAGE, and we will do our best to respond to any inquiries regarding these Terms promptly.

By using the Site, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Thank you for visiting fallbrookfootdoctor.com and for reviewing our Terms. We appreciate your trust in Fallbrook Podiatry Inc. and look forward to serving your foot care needs in accordance with these guidelines and the high standards of our practice.