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