Terms of Use

Terms of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BRACEDLETS, LLC . (HEREINAFTER, “BRACEDLETS” OR “WE” OR “OUR” OR “US”), THE OWNER OF THE WEBSITE LOCATED AT WWW.BRACEDLETS.COM (HEREINAFTER, THE “WEBSITE”). BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”) BECAUSE YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS. WE ARE WILLING TO LICENSE AND ALLOW YOUR USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TOU. IF YOU DO NOT AGREE WITH THESE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY BRACEDLETS FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THE WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

Terms and Conditions

Description of the Website

The Website sells bracelets made from orthodontic materials, in a variety of colors (the “Bracedlets”).

Registration; Personal Information

You can visit the Website without being required to provide us with any personal information. However, if you want to purchase Bracedlets, you will be required to provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here.

Age Requirements

The Bracelets Website is intended solely for users who are 18 years of age or older, and any use of or access to the Website by anyone under 18 is unauthorized.

Intellectual property rights

Trademarks and Service Marks; Copyright

Certain trademarks are the service marks and trademarks of Bracelets. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Bracelets. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Bracelets or their respective owners.

Except as otherwise expressly stated, all content appearing on this Website – including all webpages and messages - are the copyrighted work of either Bracelets, and is protected by U.S. and international copyright laws. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Bracelets. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Bracelets does not warrant nor represent that your use of any content or materials displayed on the Website will not infringe rights of third parties.

Reservation of Rights

Bracelets reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Website or to comply with applicable law. Bracelets shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.

Payments and Payments Processing; Rules for All Payments

The Bracelets Website provides users the ability to purchase products. We have engaged the services of Stripe, a payment services provider, to process all credit card donation/payment transactions and to manage the routing of applicable customer information through the credit card networks. Bracelets is not affiliated with, and we are not responsible in any way for the actions or performance (or lack thereof) of such third party. Bracedlets is currently registered to collect sales tax in NY state only. Sales tax will be automatically applied to any order being shipped to a NY state address.

Purchase Terms; Representations and Warranties

All sales are final - no refunds or exchanges are permitted. Exchanges are permitted only in the case that the Bracedlets are defective; any claim that the Bracedlets are defective must be made to [insert email address] within five (5) days of receipt - any claims for exchange made after five days shall not be honored. Upon the receipt of the defective Bracedlets and proof of purchase we will issue an exchange.

We may, in our sole discretion, limit or cancel quantities purchased. In such an instance, if practical, we will notify you of our reasons for cancelling or refusing the order. We will do so via the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You hereby represent and warrant that you shall not attempt to rebrand the Bracedlets or in any way modify the Bracedlets.

Disclaimers

WHILE BRACEDLETS ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL WEBSITE, ALL ELEMENTS OF THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE WEBSITE, AND ANY INFORMATION PROVIDED IN CONJUNCTION WITH THE WEBSITE, MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. BRACEDLETS EXPRESSLY disclaims all warranties and conditions with respect to the BRACEDLETS AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BRACEDLETS (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PRODUCT LIABILITY, OR ANY DAMAGE FROM ANY SECURITY BREACH, WHETHER IN AN ACTION OF CONTRACT, PRODUCT LIABILITY NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless Bracelets and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this TOU, or ii) any of your acts or omissions.

Governing Law

This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Bracelets each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

Term and Termination

This TOU and your right to use Bracelets Website will take effect at the moment you access Bracelets Website, and is effective, binding and enforceable for as long as use the Website. In addition, Bracelets reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Website for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOU, or in order to protect its name and goodwill, its business, and/or other users. All provisions of this TOU that by their nature our intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning Bracelets's proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

Changes to the Terms of Use

Bracelets reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted Terms of Use.

Miscellaneous

This TOU constitutes the entire agreement between you and Bracelets and governs your use of the Website and purchase of the Bracedlets, superseding any prior agreements between you and Bracelets. You will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Bracelets. Any purported assignment or delegation by you without the appropriate prior written consent of Bracelets will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by Bracelets to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by Bracelets of that or any subsequent default or failure of performance. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Bracelets to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Bracelets as result of this TOU or your utilization of Bracelets Website. Headings herein are for convenience only.