Terms and Conditions
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If you do not agree to
these terms and conditions, please do not use this site.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, USA Bracing.com
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. USA Bracing.com does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. USA Bracing.com does
not make any warrantees or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
USA Bracing.com shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if USA Bracing.com has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a USA Bracing.com product is mistakenly listed at an incorrect
price, USA Bracing.com reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. USA Bracing.com reserves the right
to refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, USA Bracing.com shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by USA Bracing.com without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
USA Bracing.com may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have provided to USA
Bracing.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of New Jersey, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of USA Bracing.com products) shall be in the state
or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of USA Bracing.com products) must be commenced within
one (1) year after the claim or cause of action arises. USA Bracing.com's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. USA Bracing.com may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a USA Bracing.com or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
USA Bracing.com does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, USA Bracing.com is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, USA
Bracing.com reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to USA Bracing.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless USA Bracing.com, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, USA Bracing.com may
link to sites operated by third parties. However, even if the third party is
affiliated with USA Bracing.com, USA Bracing.com has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of USA Bracing.com. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, USA
Bracing.com seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site, but for
sites it links to as well (including if a specific link does not work).