Terms & Conditions

INTRODUCTION

The following terms and conditions “Terms” govern your use of the BraceFX® website “Website”. By accessing this Website, you accept and agree to be bound by these Terms in full. If you disagree with these Terms or any part of Terms, you must not use this Website.

INTELLECTUAL PROPERTY

Unless otherwise noted, this Website and all of its contents, this includes, for example, all text, images, illustrations, graphics, audio, video, etc., are protected under trademark, trade dress, copyright, and other intellectual property laws. You herein acknowledge, understand, and agree that all examples list above, as well as BraceFX trademarks, copyrights, trade name, service marks, other logos and any brand features, and/or product names,  registered and unregistered, are trademarks and as such, are and shall remain the property of BraceFX and its affiliates. You herein agree not to display and/or use in any manner the previously stated marks without obtaining written consent prior to use.

ACCESS AND USAGE OF INFORMATION

You may access, download or print material displayed on this site for your non-commercial, personal use only. You may not reproduce, distribute, or modify any of the content of this site (including, but not limited to, text, graphics, images, and video) or use for public or commercial purposes without prior written permission from BraceFX.

PRIVACY

This Website adheres to set practices regarding collection, use, and disclosure of information provided to the Website. This notice is shown on the Privacy Policy page of this Website.

DISCLAMER OF WARRANTIES

This Website is provided on an “as is”, “as available” basis, without representations or warranties of any kind. BraceFX and its affiliates disclaim any and all representations and warranties, whether expressed or implied, with respect to this Website, its contents, and the products and services made available through this Website, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  BraceFX makes no representations or warranties in relation to this Website or the information and materials provided on this Website. Some jurisdictions may not allow the exclusion of implied warranties set forth above, so the above limitation of warranties may not apply to you.

Without prejudice to the generality of the foregoing paragraph, BraceFX does not warrant that: (a) this Website will be constantly available, or available at all; (b) the information on this website is complete, current, true, accurate, or non-misleading; and (c) nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.

LIMITATION OF LIABILITY

In no event shall BraceFX and its affiliates, nor any of their officers, directors, and employees, be liable to you or any third party for any losses and damages, whether direct, indirect, consequential, or special liability, arising out of or in any way connected with the use or inability to use this Website, whether such liability is under contract, tort, or otherwise.

INDEMNIFICATION

You hereby indemnify to the fullest extent and hold BraceFX and its affiliates harmless from and against any and all liabilities, claims, judgments, losses, damages, fines, costs, and expenses arising out of or relating to your breach of any of the provisions of these Terms.

LINKS TO THIRD PARTY WEBSITES

This Website may contain links or references to third party websites. BraceFX and its affliates do not endorse these products or offerings of, any businesses or individuals, or the accuracy or content of these websites. BraceFX does not monitor these websites and does not assume any responsibility or liability for the actions, product, and content of such websites.

CHANGES TO TERMS

BraceFX reserves the right to update or modify these Terms, at any time and without prior notice. If changes are made, the revised version will be posted on this terms and conditions page on this Website. Your use of this Website following any changes constitutes your agreement to be bound by these revised Terms.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such provisions will be change or deleted, and the remaining provisions and the Terms as a whole shall remain in full force and effect.

GOVERNING LAW AND JURISDICTION

Any disputes, actions, or proceedings that arise relating to these Terms or the purchase of goods shall be governed by Ohio law. By using this Website and/or purchasing product(s) hereunder you consent to the jurisdiction of the state or federal courts of Cuyahoga County, Ohio.

ENTIRE AGREEMENT

These Terms contain the entire agreement and understanding, with respect to your use of the Website, and supersede any previous agreement, whether written, oral, or electronic, with respect to this Website.

LAST REVISED: 01/11/2018