Terms of Use

 

THE BRACE GUY L.L.C.
User Agreement (Including Privacy Policy)
The network of Web Sites and related Internet media properties (the “Site”) is provided by THE BRACE GUY L.L.C., subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. THE BRACE GUY L.L.C. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

THE BRACE GUY L.L.C. website as well as any associated sites is to be used solely for informational purposes and is not intended to provide medical recommendations. No information provided on this site is intended to constitute medical advice and a medical professional should be consulted for advice on your specific medical condition before any treatment or purchase is made.


Reimbursement: The customer is solely responsible for billing any products purchased on this website under correct reimbursement and THE BRACE GUY L.L.C. does not warrant the appropriateness of reimbursement codes. Other sources for reimbursement can be found at: http://www.cignamedicare.com or http://www.palmettogba.com.

Shipping: Any purchases from THE BRACE GUY L.L.C. and its associated websites are pursuant to a shipment contract stating the risk of loss and title for items purchased are passed to the customer upon our delivery to the carrier.

1. Agreement with and Responsibilities of Each User.
Subject to the terms and conditions of this User Agreement, THE BRACE GUY L.L.C. grants to each user of the Site, a non-exclusive right to use the Site.

2. Copyright and Licenses.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are THE BRACE GUY L.L.C., its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

3. Trademarks.
THE BRACE GUY L.L.C., and/or any other names of THE BRACE GUY L.L.C. or of its Web sites or its Web sites, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of THE BRACE GUY L.L.C., including the “look” and “feel” of the Site, THE BRACE GUY L.L.C.’s color combinations, layout, and all other graphical elements. Any use of THE BRACE GUY L.L.C.’s trademarks is strictly prohibited without the express permission from THE BRACE GUY L.L.C.. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

4. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by THE BRACE GUY L.L.C., THE BRACE GUY L.L.C. does not operate, control or endorse any information, products or services on the Internet in any way.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
c) Post or transmit any Material that contains a virus or corrupted data;
d) Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or commercial notices;
e) Violate any applicable local, state, national or international law;
f) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) Delete or revise any Material posted by any other person or entity;
h) Manipulate or otherwise display the Site by using framing or similar navigational technology;
i) Collect or store personal data on other users; or
j) Duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site or access to the Site.

5. General Practices.
You acknowledge that THE BRACE GUY L.L.C. may establish general practices and limits concerning use of the Site and that THE BRACE GUY L.L.C. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. Indemnification.
You agree to indemnify, defend and hold harmless THE BRACE GUY L.L.C., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

7. Third Party Rights.
The provisions of Paragraphs 4 (“Use of the Site”), 5 (“General Practices”) and 6 (“Indemnification”) are for the benefit of THE BRACE GUY L.L.C. and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

8. Term; Termination.
THE BRACE GUY L.L.C. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that THE BRACE GUY L.L.C. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Either party without notice may terminate this Agreement at any time for any reason. The provisions of Paragraphs 2 (“Copyright, Licenses and Idea Submissions”), 4 (“Use of the Site”), 6 (“Indemnification”), 7 (“Third Party Rights”), 9 (“Links”) and 12 (“Miscellaneous”) shall survive any termination of this Agreement.

9. Links.
The Site may provide, or third parties may provide, links to non-THE BRACE GUY L.L.C. Internet World Wide Web sites or resources. Because THE BRACE GUY L.L.C. has no control over such sites and resources, you acknowledge and agree that THE BRACE GUY L.L.C. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that THE BRACE GUY L.L.C. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Privacy Policy.
This Privacy Policy covers the handling by THE BRACE GUY L.L.C. of personally identifiable information that THE BRACE GUY L.L.C. may collect in connection with its operation of the Site. THE BRACE GUY L.L.C. may collect such personal information as name, address, e-mail address, trading preferences and the like. THE BRACE GUY L.L.C. does not sell or otherwise provide such information to third parties (unless required by law) and may use such personal information only to perform actions requested by the user and/or customize the content of the Site for the user. THE BRACE GUY L.L.C.’S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. THE BRACE GUY L.L.C. may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

 

  1. Limitation of liability

You assume total responsibility and risk for your use of the site and the internet. The THE BRACE GUY L.L.C. provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise information or service provided through the site or on the internet generally, and THE BRACE GUY L.L.C. shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally.

In no event will THE BRACE GUY L.L.C.. be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site, or any information, or transactions provided on the site, or downloaded from the site, or any delay of such information or service. Even if THE BRACE GUY L.L.C. or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the site and/or materials or information downloaded through the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of THE BRACE GUY L.L.C. is limited to the greatest extent permitted by law.

12. Miscellaneous.
This Agreement shall all be governed and construed in accordance, with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between THE BRACE GUY L.L.C. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Tarrant County, Texas.


Copyright 2009 THE BRACE GUY L.L.C.

 

 

 

Copyright 2009 The Brace Guy     Terms of Use | HIPAA