Terms of service

Use of the Site

The Sites are only for the personal use of individuals 18 years of age or older who reside in the United States. By accessing the Sites, you agree that you will:

• Provide accurate, current, and complete information about you as may be prompted by any forms for the Sites ("Personal Information").
• Keep any password or other account information which permits access to the Sites or any part of the Sites strictly confidential and shall not divulge it to any third party.
• Not use the Sites for any unauthorized use including, but not limited to, unauthorized entry, misuse of passwords or misuse of any other information.
• Not delete or alter, in part or in whole, any copyright, trademark, audio, images, software, text, artwork, video clips or any other materials (the "Content") from any part of the Sites.
• Not copy, perform, publish, transfer, create derivate works from distribute, exchange, modify, sell, transmit or otherwise commercially exploit or use any Content from the Site, for any purpose other than personal use, including but not limited to any business, commercial, or public purpose.
• Only access the Sites and their Content for your own internal non-commercial use only.
• Not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's access to or use of the Sites.
• Not attempt to gain unauthorized access to the Sites, computer systems or networks connected to the Sites, through hacking, password mining or any other means.
• Not use the Sites or networks connected to them to commit or encourage a criminal offense, to insert, transmit or distribute viruses or corrupt data, whether to the Sites or otherwise, or to send any unsolicited advertisement or other promotional material or "spam".
• Not engage in any activities related to the Sites that are contrary to applicable laws, rules or regulations.
• Not use the Sites for any purpose that is unlawful or prohibited by these Terms.

As long as you comply with these Terms, Med Braces Direct grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Sites and Services (defined below). You agree not to interrupt or attempt to interrupt the operation of the Sites or any Services offered through the Sites in any way. Notwithstanding anything to the contrary, Med Braces Direct reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or Services offered through the Sites. You understand and agree that we may do so without any liability whatsoever.

Content of the Site

We may, from time to time, make newsletters, messaging services, chat services, bulletin boards, message boards, blogs, other forums, new product updates and other such services available on or through the Sites (the "Services"). In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Sites or any of the Services, any materials which:

• Restrict or inhibit any other user from using and enjoying the Sites or the Services;
• Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit or indecent or otherwise offensive to human decency;
• Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
• Violate or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
• Contain a virus, spyware, malware or other harmful component;
• Contain embedded links, advertising, chain letters or pyramid schemes of any kind;
• Constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.

Creating an Account

In order to make Your Product available through the Sites and receive Your Payment, you must create an account ("Account").

When creating an Account, Med Braces Direct may ask you to provide certain personal information, create a username and password for the Account, and provide other information, including information pertaining to Your Likeness and Content.

By using the Sites and creating an Account, you agree to:

• Only provide accurate, current, and complete information;
• Maintain and update the information you provide to Med Braces Direct, as necessary;
• Maintain the security of your login credentials to your Account and accept all risks of unauthorized access to your Account;
• Immediately notify Med Braces Direct if you discover or otherwise suspect any security breaches related to your Account or the Sites.

You acknowledge and agree that Med Braces Direct is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account.

Ownership

The Site contains Content owned by or licensed to Med Braces Direct ("Med Braces Direct Content"). Med Braces Direct owns and retains all rights in the Med Braces Direct Content, including all intellectual property rights. Med Braces Direct hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Med Braces Direct Content (excluding any software code) solely for your personal, non-commercial use to view the Sites and otherwise as necessary to use the Services.

Except as expressly permitted by these Terms, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, Med Braces Direct Content. You shall not remove any copyright or trademark notices or other notices that accompany it.

Except as set forth above, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Med Braces Direct or any third party. All licenses not expressly granted by Med Braces Direct are reserved.

Terms of Sale

Descriptions of Products and Services

We strive to provide complete, accurate and up-to-date descriptions and visual representations of all Products displayed on the Sites. We make no representation or warranty whatsoever as to the reliability, accuracy, timeliness, usefulness or completeness of any information or graphic images on the Site or available through the Services.

The Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.

Availability of Products and Service

Our Products offered on the Sites may not be available or accessible in your particular state or locality. We make no representation or warranty that any specific Product will be available at any time in your particular location.

Furthermore, Med Braces Direct reserves the right to alter, modify, add or discontinue completely any of the Products or Services, temporarily or permanently, at any time, in its sole discretion, without notice and without liability.

Your Representations to Us

The products offered for sale and sold through the Sites are intended for your personal use only and not for resale. By placing an order through the Sites, you warrant that you are purchasing the Product(s) only for personal use. We, in our sole discretion, reserve the right to refuse to fill any orders which we believe are intended for resale.

Purchases

Subject to availability, orders can be placed online directly through our Sites. Although we make every effort to keep sufficient stock of items listed on our Sites, occasionally we do sell out of certain styles. If an item that you ordered is out of stock, we will notify you via e-mail.

Pricing and Payment

Prices displayed on the Sites are quoted in U.S. dollars and are exclusive of sales tax. Sales tax may be automatically calculated and added to your order during checkout based on the state the ordered Products are being shipped to.

You agree that the risk of loss or damage to products you order passes to you on shipment of the Products, provided that we have received payment in full for the Products. However, if there is an issue with receipt of a Product from a shipping carrier, we will use best efforts to address the situation.

Order Processing and Delivery

Orders will be processed and delivered Monday through Friday, excluding holidays. Order processing time begins [24] business hours after an order has been submitted. All orders are subject to review, and Med Braces Direct reserves the right to request additional identification, billing and shipping information.

All orders will be calculated with applicable shipping fees. Some orders that meet stated thresholds will have free shipping. Med Braces Direct assumes no responsibility after a package has been confirmed as delivered by the applicable shipping carrier.

Return and Refunds Policy

Our Return Policy governs purchases made through our Sites. You can return your Med Braces Direct within [30] days of purchase. We strongly advise all customers to check merchandise thoroughly upon delivery. Please make sure your Med Braces Direct is in original condition otherwise we will not accept the return.

To request a return, please email us at info@medbracesdirect.com. Once we receive your email, we will review and send you a confirmation email. If your return has been approved, you will receive an email with additional return instructions.

Right to Modify

We reserve the right to add to, change, remove or otherwise modify any part of these Terms at any time, without notice. Any changes to these Terms will be effective immediately upon posting of the updated Terms to this webpage. Continuing to use the Sites after any changes are posted constitutes your acceptance of and agreement to be bound by any changes.

Disclaimer of Warranties and Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MED BRACES DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT UNDER APPLICABLE LAW, MED BRACES DIRECT'S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THESE TERMS AND THE SERVICES PROVIDED IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING ONE HUNDRED ($100) US DOLLARS. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT.

General Provisions

These Terms and any additional terms posted on the Sites together constitute the entire agreement between Med Braces Direct and you with respect to your use of the Sites and the Services as well as your purchase of our Products. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Tennessee without giving effect to any principles that provide for the application of the law of another jurisdiction.

Dispute Resolution

Any dispute that you may have with us regarding the Sites or the Products will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.

Privacy And Security

Data collection and use, including the collection and use of personal information, is governed by our Privacy Notice. You shall be solely responsible for the security, confidentiality and integrity of all information that you receive, transmit through or store on the Services.

Contact Us

Please report any violations of the Terms, including objectionable User Submissions or behavior, to info@medbracesdirect.com