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Terms of service

Welcome to Braceapedia! These Terms of Service ("Terms") govern your access to and use of the Braceapedia website (the "Site"), including any content, functionality, and services offered on or through braceapedia.com, as well as any purchases you make. Braceapedia is operated by Braceapedia, LLC, with a principal place of business at 6301 Deramus Ave., Kansas City, MO 64120.

By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Use of the Site

  • Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use the Site or make purchases. By using the Site, you represent that you meet these requirements.
  • Account: To make purchases or access certain features (e.g., membership perks), you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
  • Prohibited Uses: You may not use the Site for any unlawful purpose, to infringe on others' rights, or to interfere with the Site's operation. This includes uploading viruses, spamming, or attempting to gain unauthorized access.

2. Products and Services

Braceapedia offers orthopedic braces and supports designed for injury recovery and performance enhancement ("Products"). We strive to provide accurate descriptions, images, and pricing, but we do not warrant that Product details are error-free. Colors may vary due to display differences.

  • Membership Program: Optional membership provides benefits like coupons, free shipping on qualifying orders, store credit, and priority support. Details are subject to change; see the Site for current terms.
  • Pricing and Availability: Prices are in USD and subject to change without notice. We reserve the right to modify or discontinue Products at any time. We are not liable for any out-of-stock items.

3. Medical Disclaimer

Our Products are supportive devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. They are not substitutes for professional medical advice, diagnosis, or treatment.

Always consult a qualified healthcare professional before using any brace or support, especially if you have a medical condition, are pregnant, or are recovering from injury or surgery. Use of our Products is at your own risk. We make no representations or warranties regarding the suitability, effectiveness, or safety of our Products for your specific needs.

4. Orders and Payments

  • Placing Orders: By placing an order, you make an offer to purchase Products under these Terms. We reserve the right to accept or reject orders at our discretion (e.g., due to availability, errors, or suspected fraud).
  • Payment: Payments are processed securely via [list processors, e.g., Stripe, PayPal]. You authorize us to charge your chosen payment method for the total amount, including taxes and shipping. All payments are non-refundable except as outlined in our Return Policy.
  • Taxes: You are responsible for any applicable sales taxes, duties, or fees.
  • Order Confirmation: We'll email confirmation upon acceptance. If we cannot fulfill your order, we'll notify you and refund any charges.

5. Shipping and Delivery

We ship to addresses in the United States (and potentially internationally—check the Site for details). Shipping times are estimates; we are not liable for delays due to carriers, customs, or unforeseen events. Risk of loss passes to you upon delivery. Free shipping may apply to qualifying orders or members.

6. Returns, Refunds, and Exchanges

Please refer to our separate Return Policy for details on our 30-day return window, eligibility, process, damages, exchanges, and refunds. Returns must comply with that policy to be accepted.

7. Intellectual Property

The Site, its content (including text, images, logos, and designs), and Products are owned by us or our licensors and protected by copyright, trademark, and other laws. You may not reproduce, distribute, modify, or create derivative works without our written permission. Limited personal use is permitted.

8. User Content

If you submit reviews, photos, or other content ("User Content"), you grant us a worldwide, royalty-free, perpetual license to use, display, and modify it for any purpose (e.g., marketing). You represent that your User Content is original, non-infringing, and accurate.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • THE SITE AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE RELEVANT PRODUCT.

This does not affect liability for death, personal injury, or fraud where prohibited by law.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your violation of these Terms, misuse of the Site, or infringement of third-party rights.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Missouri, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts of Jackson County, Missouri.

For consumer disputes, you may have additional rights under applicable law.

12. Changes to Terms

We may update these Terms at any time. Changes will be posted on the Site with the updated date. Continued use after changes constitutes acceptance.

13. Termination

We may suspend or terminate your access to the Site at any time for any reason, including violations of these Terms.

14. Miscellaneous

  • Severability: If any provision is unenforceable, the remainder remains in effect.
  • No Waiver: Our failure to enforce a right does not waive it.
  • Entire Agreement: These Terms, along with our Privacy Policy and Return Policy, constitute the full agreement.
  • Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters, pandemics).

15. Contact Us

For questions about these Terms, contact us at Support@braceapedia.com or 6301 Deramus Ave., Kansas City, MO 64120.