Orthorpm website Terms & Conditions

Effective Date: , 2023

Your use of this website, www.Ortho-RPM.com, (“Site”) which is owned and operated by OrthoRPM Orthopedics, Inc. (“OrthoRPM”, “we”, “us” or “our”), is subject to these Terms and Conditions (“Terms”). By using or accessing the Site, you confirm that you agree to these Terms. If you do not agree, please do not use the Site. As our business grows and we add new functionality to the Site, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.

Please also familiarize yourself with our Privacy Policy, which governs the way we collect, use, disclose and protect information you provide to us by using the Site, which can be found by clicking here. OrthoRPM is not responsible for the contents of any “off-Site” Internet information referenced by or linked to the Site. By using or accessing the Site, you confirm that you agree to these Terms and the Privacy Policy. If you do not agree, please do not use the Site.

Always Seek Medical Counsel Before Treatment

It is recommended that you seek the advice of your physician/ therapist or other appropriate healthcare professional with any questions you may have regarding the cure, treatment, mitigation, or prevention of any disease or other medical condition. OrthoRPM’s devices are for use under physician/ therapist supervision and may only be obtained by prescription or doctor’s orders. This Site does not provide medical advice, and in the event, you have questions about your health, please consult your physician/ therapist.

Limited License

OrthoRPM grants you a limited license to download and print, free of charge, for non-commercial or personal purposes only, any of the content that may appear on the Site, (“Content”) including the User Manual that accompanies the Gr!p MS and LM provided, however, that (a) the Content as it appears on the Site shall be used with no changes to the original Content, including, but not limited to, the presentment of selections of Content; and (b) you include or retain the following attribution on any materials you may distribute: OrthoRPM Orthopedics, Inc. All rights reserved. For example, you may print one or more copies of the User Manual to share them with your physician/ therapist or family member.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you represent and warrant to OrthoRPM that you will not use the Site for any purpose that is unlawful, misleading, malicious, or discriminatory, or prohibited by these terms, conditions, or notices. You will not collect users’ information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

Inventory Availability

We do our best to ensure that the product that you are ordering is available at the time of purchase. In some instances, products will become unavailable during the ordering process, and we will not be able to process and/or fulfill your order. We make no guarantees on the availability of products as depicted on our Site.

Prices

The price of a product is the price in effect at the time we receive your order. We may change prices from time to time. Occasionally the Site may have an incorrect price for an item. If that happens, we will notify you before the item has shipped.

Your payment will be processed at the time we receive your order. We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your order is not received and verified by us or your provider, your order will not be processed.

Default prices are in U.S. dollars. Prices listed on the Site do not include sales tax or shipping charges.

Security

We employ rigorous technical and organizational safeguards against unauthorized disclosure or access to your private data or information. For more on what types of information we do and do not collect, please see our Privacy Policy. HOWEVER, YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND ORTHORPM DOES NOT AND CANNOT GUARANTEE THAT INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS (SUCH AS HACKERS) WHO MAY USE VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE OUR SITE.

OrthoRPM’s Rights

You acknowledge and agree that OrthoRPM owns all legal right, title, and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). OrthoRPM Orthopedics, Inc., Ortho-RPM, Gr!p rand other OrthoRPM logos and product and service names are trademarks of OrthoRPM and these marks together with any other OrthoRPM trade names, service marks, logos, domain names, and other distinctive brand features are the “OrthoRPM Brand Features.” Except as described herein, or unless you have agreed otherwise in writing with OrthoRPM, nothing in these Terms gives you a right to use any OrthoRPM Brand Features without our explicit authorization. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Site. You agree that you shall not and shall not permit anyone else under your reasonable authority to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code or other basis of OrthoRPM’s technology.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORTHORPM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ORTHORPM MAKES NO WARRANTY THAT (I) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITEP WILL BE ACCURATE, RELIABLE TIMELY, OR COMPLETE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ORTHORPM MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.

ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ORTHORPM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ORTHORPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL ORTHORPM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnity

You agree to indemnify, defend and hold harmless OrthoRPM, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise from your breach of these Terms. You agree to cooperate as reasonably required in the defense of any such claim. OrthoRPM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of OrthoRPM.

Changes to the Terms

OrthoRPM may make changes to the Terms from time to time. When these changes are made, OrthoRPM will make a new copy of the Terms available here. You understand and agree that if you use the Site after the date on which the Terms have changed, OrthoRPM will treat your use as acceptance of the updated Terms.

General Legal Terms

These Terms and our Privacy Policy constitute the entire agreement between OrthoRPM and you (this “Agreement”); provided, however, that certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Any legal action or proceeding between OrthoRPM and you arising out of or related to this Agreement, including your use and access to the Site will be governed exclusively by the laws of the State of California. It is understood that any dispute, claim, or controversy arising under or in connection with this Agreement, including but not limited to, claims as to whether any services associated with the operation of this Site rendered by OrthoRPM or persons employed or engaged by OrthoRPM were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as California law provides for judicial review of arbitration proceedings. Both parties to this Agreement, by entering into it, are giving up their constitutional right to have such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis. The arbitration shall be held in San Diego County, California, U.S.A.

You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to this Agreement, including your use of and access to the Site and any Content contained therein. You also understand and agree that this agreement to arbitrate relates to claims against OrthoRPM or persons employed or engaged by OrthoRPM. You may cancel this agreement to arbitrate by giving written notice to OrthoRPM within 30 days of the date of your acceptance. Should you choose to withdraw from the arbitration provision, all other provisions of this Agreement shall remain in full force and effect.

OM-0900-001 Rev. A