Terms of Use

Last Updated 5/1/2018

Welcome to BraceAbility. This site is provided by BraceAbility, Inc. (referred to throughout this document as "BraceAbility") as a service to our customers.

PLEASE READ THESE TERMS BEFORE USE OF THE SITE.

Please review the following basic rules (referred to as the “Agreement” and “Terms of Use”) that govern your use of our site. Note that your use of our site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a portion of this site and thereby bypass this agreement, your use of this site still binds you to the Terms.

By using the website, you affirm that you are able and legally competent to agree and comply with these Terms of Use. If you do not agree to these Terms of Use or are not legally competent, then you may not use the website.

Privacy and Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and governs your use of the website.

Information security is of the utmost importance to BraceAbility. We have established and maintain appropriate physical, electronic, and managerial controls to protect the information that we collect from our website users.

We reserve the right to provide any information from users necessary to satisfy law enforcement and/or regulatory request.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of BraceAbility or its content suppliers and protected by the United States and international copyright laws.

All software used on this site is the property of BraceAbility or its software suppliers and protected by the United States and international copyright laws.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, AND TRANSMITTING ALL OR ANY PART OF OUR SITE IS PROHIBITED.

License and Site Access

BraceAbility grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BraceAbility. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.

UNAUTHORIZED REPRODUCTION, DUPLICATION, SELLING, RESELLING, VISITING, OR OTHERWISE EXPLOITING ALL OR ANY PART OF OUR SITE FOR ANY COMMERCIAL PURPOSE WITHOUT EXPRESS WRITTEN CONSENT OF BRACEABILITY IS PROHIBITED.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MRN and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BraceAbility's name or trademarks without the express written consent of BraceAbility. You may not use any direct linking or source-calling of any media presented on this website.

Any unauthorized use terminates the permission or license granted by BraceAbility. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of BraceAbility so long as the link does not portray BraceAbility, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BraceAbility logo or other proprietary graphic or trademark as part of the link without express written permission.

Acceptable Use Policy

By submitting your information and otherwise using the website, you agree not to: (i) submit any information that is third party intellectual property or subject to proprietary rights unless you own or have permission from the owner of such rights to post the information and to grant BraceAbility all of the rights granted herein; (ii) transmit any information that is unlawful, harmful, threatening, defamatory, hateful or racially, ethnically or otherwise objectionable; (iii) use the website to harm any person or entity, including BraceAbility; (iv) impersonate any person or entity; (v) manipulate online identifiers in order to mask the origin of any content transmitted to or through the website; (vi) transmit any unsolicited or unauthorized marketing materials; (vii) transmit any content that contains computer viruses or files or programs that limit the functionality of the website or any other software/hardware related to it; (viii) violate any applicable local, state, national or international laws, rules or regulations; (ix) collect, store or use personal information about other users of the website without their consent; (x) use the website make unsubstantiated claims about any person, third party or its/their products or services.

BraceAbility reserves the right to investigate occurrences and cooperate with law enforcement in relation to violations of the above Acceptable Use Policy.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

See our Privacy Policy for tips on making your account login more secure.

Right to Access

BraceAbility does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use BraceAbility only with consent of a parent or guardian. BraceAbility and its family of sites reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR MINOR’S USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE WEBSITE.

Outages

Unplanned system outages may occur time to time. You agree that BraceAbility has no responsibility and is not liable for unavailability of the website during this time, loss of data or information caused by an outage, delay or non-delivery of information caused by an outage, or outages caused by third parties.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product description page or mentioned under the "Shipping" section of the website.

If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Pricing or Typographical Errors

While BraceAbility strives to provide accurate product and pricing information, pricing or typographical errors may occur. BraceAbility cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, BraceAbility shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is mispriced, BraceAbility may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Links to Other Websites

Our website may contain links to third-party websites that are not under BraceAbility’s control. BraceAbility makes no claim and accepts no responsibility regarding the quality and nature of the other websites.

BraceAbility provides these links to you as a convenience and inclusion of the links does not imply endorsement of the websites by BraceAbility. You are responsible for viewing and adhering to the privacy policies and terms of use posted by these websites.

Quantity Limits and Dealer Sales

BraceAbility reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer email and/or billing address provided should such limits be applied. BraceAbility also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please call us at 1-866-712-7808.

General Terms

These Terms of Use represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of BraceAbility to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit BraceAbility's rights with respect to such breach or any subsequent breaches.

This Agreement shall be governed by and construed under Iowa law as such law applies to agreements between Iowa residents entered into and to be performed within Iowa. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the state or federal courts of Iowa.

Colors and Finishes

We have made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate.

Indemnification

You agree to defend, indemnify, and hold BraceAbility harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the site.

Termination

These terms are effective unless and until terminated by either you or BraceAbility. You may terminate this Agreement at any time, provided that you discontinue any further use of this site. BraceAbility also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in BraceAbility's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or BraceAbility, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

BraceAbility also may in its sole discretion and at any time discontinue providing the website or any part thereof, with or without notice.

Disclaimer

This site is provided by BraceAbility on an "as is" and "as available" basis. BraceAbility makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, BraceAbility disclaims all warranties, express or implied, including, but not limited to, implied warranties and fitness for a particular purpose. Without limiting the foregoing, BraceAbility disclaims any and all warranties, express or implied, for any merchandise offered on the website. You acknowledge, by your use of the BraceAbility.com, that your use of the website is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item.

This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

Limitation of Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall BraceAbility or any of its affiliates, employees, directors, offices, agents, vendors, or suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the BraceAbility web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of BraceAbility has been advised of or should have known of the possibility of such damages. In no event will BraceAbility be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six-month period preceding the date on which the claim arose.

Changes to the Terms of Use

BraceAbility reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the BraceAbility website following any such change constitutes your unconditional agreement to follow and be bound by the terms as changed. For this reason, we encourage you to review these Terms of Use whenever you use this website.

Violations

Please report any violations of these Terms of Use to us here.

Questions?

If you have questions, comments or complaints about these Terms or the website, please contact us here.

Customer Service

Customer Support

Our customer support team is available Monday - Friday from 8:30 a.m. to 5:00 p.m. Central time.

Give Us a Call

866-712-7808

Send Us an Email

Use our contact form to submit an email to customer support team. Click the “Support” icon on the bottom right of any page on our website. We typically respond within one business day (or faster).

Holidays

BraceAbility.com is closed on the following United States holidays. This may affect your shipping time and they will be accounted for in the estimated ship date listed on each product page.

 

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