Purchase Terms and Conditions for ASTRO XO™
These terms and conditions apply to the purchase and sale of products and services through AstroXO.com (the “Site”). These terms are subject to change by ASTRO MEDICAL LLC (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
As part of your purchase of the ASTRO device, you agree to the following:
You are a trained Healthcare Professional (Podiatrist, Orthopedist, Physical Therapist, Athletic Trainer, etc.) or Authorized Purchaser purchasing the ASTRO XO™ on behalf of a Healthcare Professional for use with a patient. The following policies are only valid if the product is purchased for application with a patient by a trained Healthcare Professional. ASTRO MEDICAL LLC offers no warranties or indemnity and assumes no liability or responsibility for ASTRO MEDICAL LLC products purchased and used by non-Healthcare Professionals.
ASTRO MEDICAL LLC provides that the ASTRO XO™ and its associated components are warranted for six (6) months from the date of shipment will be free from defects in materials and workmanship. Aside from the warranty noted above, ASTRO MEDICAL LLC makes no warranty whatsoever with respect to the goods, including (A) any warranty of merchantability, (B) any warranty of fitness for a particular purpose other than the intended use as set forth on the website, (C) any warranty for repair or replacement caused by misuse, abuse, alteration or accidental damage, or (D) any warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
If you have a product warranty issue, simply send an email to service@AstroXO.com with your name, address, phone number, order number and the reason for your warranty request. ASTRO MEDICAL LLC will be the sole arbiter of warranty claim resolutions.
- The ASTRO XO™ device will be used in accordance with its intended use and Instructions for Use as provided on AstroXO.com.
- Contraindications – The ASTRO XO™ should not be used if the patient has any of the following non-exhaustive list of diseases and conditions, which may be exacerbated by use of the Product.
- Diabetic peripheral neuropathy or other diabetic foot complications.
- Poor circulation in the lower extremities (ex. Peripheral Artery Disease, etc.)
- Cardiovascular conditions that would prevent the patient from safely walking up to two miles per day wearing the ASTRO XO™ device.
- Orthopedic and conditions in the leg, knee, foot, ankle and hip that could be adversely affected by the ASTRO XO™ device.
- Lower leg muscles and tendons that are torn or at risk of rupture.
- Stroke rehabilitation conditions like drop foot, where added plantar flexion would be detrimental to walking gait and balance.
- Inadequate balance and gait control such that ASTRO XO™ use would significantly increase the risk of a serious fall or other injury.
- Any other condition where use of the ASTRO XO™ would be detrimental to the patient.
- Read the Instructions for Use and use the ASTRO XO™ product in a manner consistent with its recommendations following the ASTRO XO™ Recovery Program.
- Inspect the product for correctness, fit and feel. If the device is improperly fitted for the patient, do not use it. Exchange it within 30 days for the properly sized product before starting use of ASTRO XO™ with the patient.
- Instruct the patient on the following precautions
- Walk only on flat, non-slip surfaces (roadways, sidewalks, finished floors, and flat greenways (like a walking path or golf course)). This will ensure the best chance of success and help avoid injury using ASTRO XO™. Walking on other surfaces is considered a misuse of the product.
- Never run while using the ASTRO XO™ device.
- Never walk on ice or snow using the ASTRO XO™ device.
- Never use the ASTRO XO™ device while going up or down stairs.
- Never use the ASTRO XO™ device while driving or operating moving equipment.
- Never use the device if the patient does not feel well.
- Always be aware of objects to avoid tripping while wearing the ASTRO XO™ device.
- Always be careful when the Elastic Actuator is under tension as it could release and cause accidental injury.
Limitation of Liabilities and Remedies
UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR, AND EACH PARTY HEREBY EXPRESSLY WAIVES, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY DESCRIPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER ARISING OUT OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS, AND RELIANCE DAMAGES. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ASTRO MEDICAL LLC’S LIABILITY RELATING TO ITS SALE OF PRODUCTS TO YOU FOR ANY CAUSE EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PARTICULAR PRODUCTS INVOLVED. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
To the fullest extent permitted by law, you and your patients will indemnify, defend, and hold harmless ASTRO MEDICAL LLC, including ASTRO MEDICAL LLC’s officers, directors, agents, employees, subsidiaries, affiliates, parents, successors, and assigns, from and against any claim, demand, cause of action, debt, liability, loss, fine, damage, or expense (including reasonable attorneys’ or legal fees, expenses, and court costs) (collectively, “Liabilities”) that relates to: (i) your modification of or addition to any Product(s); (ii) your breach of this Agreement; (iii) your gross negligence or willful misconduct; or (iv) damage to a third party by any Products distributed or resold by you to the extent such claim is based on (a) your modification of or addition to the Products, misuse or abuse of the Products, or breach of any provision in this Agreement; (b) your failure to abide by all applicable laws, rules, regulations, and orders that affect the Products; (c) your gross negligence or willful misconduct; or (d) intentional harm to any person or property caused by you.
To the fullest extent permitted by law, ASTRO MEDICAL LLC will indemnify, defend, and hold you harmless, including your parent company, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors, and permitted assigns, and your patients from and against any liabilities arising out of or occurring in connection with the Product (i) for bodily injury to or property damage to the extent caused by a defect in a Product manufactured by ASTRO MEDICAL LLC; (ii) to the extent caused by ASTRO MEDICAL LLC’s breach of this Agreement; or (iii) to the extent caused by ASTRO MEDICAL LLC’s gross negligence or willful misconduct. ASTRO MEDICAL LLC is not required to indemnify you to the extent that any claim arises out of your gross negligence or willful misconduct or use of a Product by any person or entity other than in accordance with ASTRO MEDICAL LLC-approved Product labeling, including, without limitation, any restrictions on re-use of Products.
The sale of its Products by ASTRO MEDICAL LLC does not constitute a license, implied or otherwise, on patents or know-how of ASTRO MEDICAL LLC, except to the extent that the intended use of such Product by you and your patient is covered by the claims of any patents owned by ASTRO MEDICAL LLC.
This Agreement, any sales hereunder, and any claim, dispute, or controversy between you and ASTRO MEDICAL LLC arising from or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, will be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts-of-law rules. Any and all disputes arising under this Agreement will be dealt with under the exclusive jurisdiction and exclusive venue of the federal or state courts located in Cook County or Lake County, Illinois, to the exclusion of all other courts. Each party expressly agrees to submit to the jurisdiction of such courts.