OrthoVibe Terms of Service
FOREVERaligned, LLC, a Georgia limited liability company, d/b/a OrthoVibe, provides goods and/or services (collectively, the “Services”) relating to products to you (“you” or “your” as applicable) subject to the various terms outlined herein (“Agreement”). (“You” and “OrthoVibe” are in hereafter sometimes referred to as a “Party” and collectively as the “Parties”). By affirmatively accepting this Agreement, or by otherwise accessing www.orthovibe.com (the “Site”) and/or using any Services, you are deemed to agree to all terms, conditions, provisions and/or notices contained or referenced in this Agreement. If you do not agree to all terms, conditions, provisions and/or notices contained or referenced in this Agreement, you shall not use any Services. OrthoVibe expressly reserves the right, at its sole discretion, to update and/or revise this Agreement, in whole or in part, at any time and without notice to you. Please check this Agreement from time to time or as often as you prefer to review any changes, amendments or modifications to this Agreement.
In order to use the Services and/or Site (as defined below), you must agree to the terms and conditions that are set forth herein. For adequate consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
3. Suspension and/or Termination of Your Use
Ownership of the Site and Site Content
You expressly acknowledge that the Site is owned and operated by OrthoVibe and/or its assigns or affiliates. Unless otherwise indicated herein or in any amendment or modification hereto, all contents on the Site, including any images, text, information, illustrations, layout, design, artwork, graphics, photography, code, data, audio, software (the “Site Content”), are either owned by OrthoVibe and/or its assigns or affiliates or are licensed from a third party by OrthoVibe. The Site, as a whole and in part, is protected by registered and/or common law copyright(s), trademark(s), service mark(s), trade name(s), and any and all other intellectual property and proprietary rights, and all other applicable rights are reserved.
Intellectual Property Rights
The parties acknowledge that all trademarks, copyrights, and any other proprietary rights are solely and exclusively the property of OrthoVibe or its assigns or licensees, including the Site names, Site Content, logos, and other identifying marks. The parties acknowledge that OrthoVibe has certain registered and/or common law rights to its trademarks and copyrights contained on the Site.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY NOR ITS AFFILIATES OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS THE SAME. FOREVER RETAINERS FURTHER MAKES NO REPRESENTATION OR WARRANTIES THAT: (I) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (II) THAT RESULTS OBTAINED FROM THE USE OF SERVICES WILL BE GUARANTEED UNLESS OTHERWISE EXPRESSLY STATED; (III) THAT THE SITE CONTENT WILL BE FROM ERRORS, INACCURACIES OR OUTDATED INFORMATION; (IV) THAT THE SITE CONTENT WILL BE UPDATED ACCORDING TO THE LATEST INFORMATION; (V) THAT THE SERVICES OR SITE WILL BE APPROPRIATE OR APPLICABLE OUTSIDE OF THE UNITED STATES AND/OR OUTSIDE OF ANY OTHER JURISDCITION IN THE UNITED STATES OTHER THAN AS INDICATED. OrthoVibe, its affiliates and/OR any third party service providers hereby further expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. FURTHER, FOREVER RETAINERS EXPRSSLY INDICATES THAT THE SITE CONTENT IS PROVIDED “AS IS” WITH ANY AND ALL FAULTS, ERRORS OR OMISSIONS. YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND ALL INFORMATION IN THIS PARAGRAPH AND UNDERSTAND THAT YOU ARE USING THE SERVICES AND/OR THE SITE AT YOUR OWN RISK. FURTHER, YOU UNDERSTAND AND ACKNOLWEDGE THAT THE SITE, SERVICES AND/OR SITE CONTENT MAY CHANGE AT ANY TIME WITHOUT NOTICE.
OrthoVibe, its affiliates and/or its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of or related to this Agreement, the Services hereunder, the purchase of goods from the Site, your access to or inability to access the Site, Site Content, and/or Services, including for viruses that may have been obtained from the Site, Site Content or materials available through third party sites linked to the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, and in that case the above exclusions or limitations may not apply to you, but you agree they apply to the fullest extent of the applicable law. You may also have other rights that vary from state to state.
You hereby agree to release OrthoVibe, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site and/or Services.
Your Use of the Site and/or Services
You shall only view and use the Site for yourself personally or any minor which you are the legal guardian of. Unless otherwise indicated in this Agreement, the Site does not grant to you any right to use, copy, reproduce, modify, redistribute, resell, lease transfer, display, publish, sell, license, rent, prepare or create derivative works, sublicense, amend assign, or distribute by any means, the Site, Site Content and/or Services. You may not authorize others to use the Site and/or the Services on your behalf and you expressly acknowledge and agree that you are responsible for all use of the Site and the Services by you and/or anyone on your behalf (even if this is a breach of this Agreement). You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Use the Site and the Services by Minors
The Site and the Services are not intended for use by minors. To use the Site, you must be at least 18 years of age. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. The Services and/or Site are not intended for children under 13 years of age. OrthoVibe does not knowingly collect personally identifiable information from children under the age of 13. If you are under 13 years old, you should not use the Site or the Services and should not provide any information to OrthoVibe through the Site. If OrthoVibe learns that it has collected or received personally identifiable information from a child under the age of 18 without verification of a parental consent or consent of a guardian, OrthoVibe will attempt to promptly delete such information. If you believe OrthoVibe may have personally identifiable information about a minor without proper parental consent or consent of a guardian, please contact us as soon as possible at [email protected].
Non-Commercial Use Only
The Site and Services are only for the personal use of individuals and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses are expressly prohibited from using the Site or Services, the Site Content or the Site for any purpose without prior written consent of OrthoVibe. You agree not to make use of Site Content by publication, re-transmission, copying, distribution, performance, caching, or otherwise, except as may be permitted by law or in writing by OrthoVibe. Illegal and/or unauthorized uses of the Site and/or Services, including efforts to collect usernames and/or email addresses and/or any other information regarding users by electronic or other means for any purpose, including sending unsolicited email or linking to the Site is expressly unauthorized and considered a breach of this Agreement. OrthoVibe reserves the right to take seek any applicable legal remedies to the fullest extent allowed by the law for any breach of the terms contained herein and/or this Agreement.
Freight – F.O.B. ORIGIN
Unless otherwise agreed in writing by OrthoVibe, any goods shipped to you relating to the Services or use of the Site shall be “F.O.B Origin”. This shall apply regardless of which party pays for said freight. Since F.O.B. Origin shall apply to any goods shipped pursuant to this Agreement, title to and risk of loss to said goods shall pass to you upon shipment. The manner, method of shipment, time, shipping company, origin, destination, place of payment, method of payment, form of shipping document, nor place of acceptance shall alter any terms contained in this paragraph.
You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SMS / Text Messaging
If you choose to provide your mobile or cell phone number to OrthoVibe, you expressly consent to all terms in this paragraph. You acknowledge that OrthoVibe may use your cell phone information to send you transactional SMS updates about the Services, Site, your treatment, your orders and/or any communications with you. You acknowledge that the frequency and size of messages may vary. You acknowledge that message and data rates may apply from your mobile carrier and that you can opt out at any time by contacting OrthoVibe or following instructions as may be provided.
Any comments, feedback, questions, concerns, information, suggestions, submissions, ideas and/or things you submit through or related to the Site (a “Submission”) may not be considered confidential by OrthoVibe. You expressly acknowledge that OrthoVibe reserves the right to republish any Submission and share any Submission, internally or externally. By making a Submission, you agree to grant OrthoVibe a worldwide, exclusive, royalty-free, perpetual irrevocable license to reproduce, modify, use, and/or sublicense or assign such Submission in any manner whether or not related to the Site or Services. You acknowledge and agree that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their content, legality and/or any intellectual property contained therein. By making a Submission, you agree you have the right to make said Submission and that it will be free of any claims from any third party. You further agree that you are solely responsible for any claims related to or arising out of such Submission and you agree that you will hold OrthoVibe harmless relating to any such claim.
Jurisdiction, Venue and Governing Law
You agree that this Agreement shall be governed and construed in accordance with the laws of the State of Georgia without regard to its conflict of law rules. Any action, claim or litigation arising under or related to this Agreement must be brought in a state or federal court located in Georgia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. OrthoVibe makes no representation that the Site Content, the Services or products offered through the Site are appropriate, available or legal in any particular location. OrthoVibe hereby expressly discloses and you acknowledge that the Site, Site Content and/or Services may not be available in every state and are not available outside of the United States. Those who choose to access the Site Content, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Site and Services Solely for Use in the United States
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Site you acknowledge and agree that you are not an allowed user of the Site, Site Content and/or Services. Should you be a non-U.S. user and visit the Site, use its Services and/or provide OrthoVibe with any Content, you agree to comply with all applicable laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside and you agree not to the Site or Services if said use would be a violation of any applicable law.