TERMS & CONDITIONS

Welcome to Unishape.com ™. Our goal is to provide truthful and accurate information regarding the products of Unishape Adaptive Equipment, Inc. ("UAE") and their uses. Every attempt will be made to update this information in a timely manner, but we do reserve the right to change and/or improve product designs without notice. We hope you enjoy our web site. By accessing any areas of Unishape.com ™, users ("Users") agree to be legally bound and to abide by the terms set forth below. Unishape.com ™ is owned and operated by UAE, a Colorado Corporation with its principal place of business in Grand Junction, Colorado.

Electronic Communications
When you visit Unishape.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.

Patents
One or more patents apply to this Site and to the features and services accessible via the Site, including without limitation U.S. Patent No. 5,448,790 and all corresponding foreign counterparts.

Trademarks
Unishape™, Unishape.com™, Unishapeadaptiveequipment.com™, MultiSlot™, UniSlot™, UniStrap™, UniStrip™, UniHook™, Dynamic Positioning™, Optimize Posture to Optimize Function™, Wedge Plus™, and Wedge Plus Module™ are all trademarks or service marks of UAE and may not be used without prior written consent of UAE.

Copyright
The compilation of the information, photographs, graphics, typefaces and of the materials on this web site (collectively "Content") is the exclusive copyrighted property of UAE or its content suppliers and is protected by U.S. and international copyright laws. All software used on this site is the property of UAE or its software suppliers and protected by United States and international copyright laws. User may not publish, transmit, modify, or exploit in any way any of the Content in whole or in part without the prior written consent of UAE. Users may make copies of Content for personal use only.

Warranty
UAE strives to provide a long lasting quality product and your satisfaction is primary to us. It is for this reason that UAE provides the Limited Warrant described herein. UAE's warranty obligations for the products described on this web site are limited to the terms set forth below:

UAE warrants the Products against defects in materials and workmanship for a period of two (2) years from the date of original purchase ("Warranty Period"). If a defect arises and a valid claim is received by UAE within the Warranty Period, at its option, UAE will (1) repair the product at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. If a defect arises and a valid claim is received by UAE after the first one hundred and eighty (180) days of the Warranty Period, a shipping and handling charge will apply to any repair or exchange of the product undertaken by UAE. UAE warrants replacement products or parts provided under this warranty against defects in materials and workmanship from the date of the replacement or repair for ninety (90) days or for the remaining portion of the original product's warranty, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes UAE's property. When a refund is given, your product becomes UAE's property.

This Limited Warranty applies only to the Products manufactured by or for Unishape. This Limited Warranty does not apply to any non-UAE product, even if packaged or sold with the UAE Product. Non-UAE manufacturers, suppliers, or publishers may provide a separate warranty for their own products packaged with the UAE Product. UAE is not liable for any damage to or loss or any non-UAE product or part not covered by this warranty. This warranty does not apply: (a) to damage caused by accident, abuse, misuse, misapplication, or non-UAE products; (b) to damage caused by service performed by anyone other than Unishape; or (c) to a product or a part that has been modified without the written permission of Unishape.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. UAE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF UAE CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION OF THE WARRANTY PERIOD. No UAE reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UAE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

If warranty service is needed, please contact UAE in writing at the address set forth below.

Use of Products
The photographs and information contained in this web site is meant to illustrate some of the possible uses of Unishape™ equipment. It is by no means a guide for all individuals. UAE STRONGLY RECOMMENDS THAT ALL UNISHAPE™ EQUIPMENT BE USED UNDER THE GUIDANCE OF A THERAPIST OR TRAINED PROFESSIONAL. THE PURCHASER ASSUMES ALL RISK OF INJURY OR PHYSICAL DAMAGE DUE TO THE USE OR MISUSE OF UNISHAPE™ PRODUCTS AND UAE ASSUMES NO LIABILITY. User expressly agrees that the use of the products described on this web site is at the User's own risk.

License and Site Access
UAE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of UAE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of UAE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UAE and its affiliates without prior written consent. You may not use any meta tags or any other "hidden text" utilizing the trade names and trademarks identified herein without the express written consent of UAE. Any unauthorized use terminates the permission or license granted by UAE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Unishape.com so long as the link does not portray UAE, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic or trademark as part of the link without express written Permission. You expressly agree that your use of this site is at your sole risk. UAE does not warrant that this site, its servers, or e-mail sent from Unishape.com are free of viruses or other harmful components. UAE will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Risk of Loss
All items purchased from Unishape.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions
UAE and its affiliates attempt to be as accurate as possible. However, UAE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.

Applicable Law
This site is created and controlled by UAE in the State of Colorado and Colorado laws will govern these disclaimers, terms and conditions. UAE reserves the right to make changes to its site or these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction in the courts of the State of Colorado and of the United States of America for any litigation arising out of or relating to the use of products purchased through Unishape.com™.

Disputes
Any dispute relating in any way to your visit to Unishape.com or to products you purchase through Unishape.com shall be submitted to confidential arbitration in Grand Junction, Colorado, except that, to the extent you have in any manner violated or threatened to violate UAE’s intellectual property rights, UAE may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Severability
UAE reserves the right to make changes to this web site, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These Terms of Use represent the entire understanding between you and UAE. You agree by using Unishape.com to the Terms of Use.

Our Address is Unishape Adaptive Equipment, Inc., 2335 Cypress Court, Grand Junction, CO 81506


©2004 UNISHAPE ADAPTIVE EQUIPMENT INC, 970.245.1098 // Adaptive Equipment & Positioning Equipment for Physical & Occupational Therapy