Terms of Use

Last Updated March 10, 2023

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 this Website (referred to as 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.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXPECT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND BRACEABILITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT OR BRIND OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

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.

If you believe that a user of the Website has infringed upon your copyright rights, you may provide us a notice of copyright infringement that compiles with

512 of the Digital Millennium Copyright Act.

Upon receipt of a notice that complies with this section, we will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.

This notice of copyright infringement must contain the following:

The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:

Identification of the specific materials that have been removed from the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which we are located;
A statement that you will accept service of process from the notifying party; and
Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications must be submitted to us at support@braceability.com or via postal address to the following address:

Attn: BraceAbility, Inc.

BraceAbility, Inc. PO Box 8

Cedar Falls, Iowa 50613

Section 230 of the Communications Decency Act

You understand and agree that BraceAbility provides the Website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Website. You understand and agree that BraceAbility is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that BraceAbility cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though BraceAbility may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. The Website may contain links to third-party Websites. The inclusion of such links does not imply approval or endorsement of the linked site by BraceAbility.

The user understands and agrees the BraceAbility has the sole discretion to post a review or user submission. If the user submission violates an entity or person’s rights protected under libel and defamation laws, BraceAbility reserves the right to investigate and act as it sees most proper, including but not limited to removal of the user submission.

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.

Resolutino of Disputes and Governing Law

YOU AND BRACEABILITY AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN BLACK HAWK COUNTY, IOWA, UNITED STATES AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF IOWA AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND BRACEABILITY AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGEMENT IN ANY COURT THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND BRACEABILITY AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF IOWA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND BRACEABILITY HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Notwithstanding the foregoing, both parties retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court.

Both parties understand and agree that they explicitly waive their rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. Both parties also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.

Both parties understand and agree that their liability under the terms of this Agreement shall not exceed $1,000. Both parties understand and agree, and explicitly waive, that the arbitrator of any claim or dispute arising out of or in relation to this Agreement will be prohibited from granting consequential, special, indirect, incidental, punitive, or exemplary damages.

BOTH PARTIES UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.

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.

Americans with Disability Act Accessibility Policy

We are happy to accommodate users with special needs or requirements. BraceAbility is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and products. In designing the website, BraceAbility makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards. BraceAbility utilizes Black Hawk County and its associated Automated AI powered accessibility solution. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact BraceAbility at support@braceability.com.

Mobile Terms of Service

Last updated: March 10, 2023

The BraceAbility mobile message service (the "Service") is operated by BraceAbility Inc. (“BraceAbility”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to BraceAbility’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of BraceAbility through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BraceAbility. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18335381190 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BraceAbility mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18335381190 or email support@braceability.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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.

Force Majeure

BraceAbility cannot be held responsible for service disruptions or IRS communications issues due to Acts of God, Severe Weather Incidents, and Pandemics. If any disruption occurs on our end, we have emergency plans that include requirements to inform clients who may be affected within 48 hours of BraceAbility becoming aware of the incident.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend BraceAbility.

Severability

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. BraceAbility reserves the right to assign its rights and duties under this Agreement, including in a sale of BraceAbility or its Website.

Waiver, Privacy Policy, and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. BraceAbility incorporates by reference its Privacy Policy as if fully stated herein.

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.