Your use of this Site, including, informational material or any other services provided through this Site, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable. These terms and conditions apply to all users of the Site, without limitations. If you are not willing to accept the terms and conditions herein, then you do not have the right to access, view, download, or otherwise use the Site or purchase any product found on this Site and, accordingly, you should not do so. This Agreement governs and applies to your access to and use of the Site and its related domains and any order you place through this Site.
The products and services on this Site are intended for personal, non-commercial purposes only. You irrevocably agree to use this Site only for lawful, non-commercial purposes and in compliance with all local, state, federal, and international law. You may not use, reproduce, copy, reverse engineer, modify, copy, publish, distribute, display, transmit, adapt, frame, link, sell, or license or in any other way exploit the content or product on this Site.
Carpal Pain Solutions, Inc. does not authorize the resale or distribution of any kind of our product by any third party retailer and/or distributor. Carpal Pain Solutions, Inc. reserves the right to pursue any unlawful retailer and/or distributor for violations, not limited to, The Lanham Act.
This Site, http://www.carpalrx.com, and any webpage associated with Carpal Pain Solutions, Inc. are operated in and governed by, and in accordance with, the laws of the United States. This Site is intended for the use of residents of the United States. Please note that information we collect may be transferred and processed in the United States; therefore be aware if you are located in Canada, the European Union, or any other country outside the United States. By using the Site or by providing us with any information you irrevocably agree and acknowledge that (i) the Site is subject to the laws of the United States and (ii) the collection, processing, maintenance, and transfer of such information in done in the United States in which the laws on privacy may not be as comprehensive to those in the country where you, the User, reside and/or are a citizen of, and (iii) you waive any claims that may arise under those laws.
Regardless of the laws applicable in the country where you, the User, reside and/or are a citizen of, you agree to comply with all applicable local, state, federal, and international law, including, without limitation, laws regarding the import and/or export of technical data by virtue of your online transmission.
Use of Site
Carpal Pain Solutions, Inc. welcomes user comments, information, and submissions. You may upload comments, information, photographs, video clips, reviews and other content to the Site, so long as the content ("Submitted Content") is not obscene, threatening, invasive of privacy, infringing of intellectual property rights, illegal, or otherwise harmful to third parties or objectionable and does not consist of or contain any type of software viruses, commercial solicitation, mass mailing, or any form of "spam". You many not attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access, create or use a false identity on this Site, impersonate any entity or otherwise mislead the origin of the content, collect or store personal information of others, or share your account. Carpal Pain Solutions, Inc. reserves the right, but is not obligated, to edit or remove such content, if it so chooses to, without prior notification.
We are under no obligation to validate and/or verify the identity of any user or the submitted content when they are connected to this Site.
Intellectual Property Rights
You acknowledge that the content available through this Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Carpal Pain Solutions, Inc. herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Site or any content, including, without limitation, software available through the Site. You may not copy or use the content obtained through the Site in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Site in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission from Carpal Pain Solutions, Inc.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
The information, including, without limitation, advice and recommendations on the Site are intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with you and with your unique facts. Make sure to always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.
Carpal Pain Solutions, Inc. and its parent companies, subsidiaries, affiliates, agents, and each of their respective officers, directors, employees, contractors and suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While Carpal Pain Solutions, Inc. works diligently to keep the information on the Site accurate, complete, and up-to-date, Carpal Pain Solutions, Inc. cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the Site.
This Site is provided on an "as is" and "as available" basis. Visitors to the Site agree that their use of, and reliance on any advice or information obtained from or through, the Site is at their own sole risk. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Carpal Pain Solutions, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for particular purpose and non-infringement.
You understand and agree that the material and/or data downloaded or otherwise obtained through the use of the Site is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, with oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein.
Risk of Loss
All items purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Carpal Pain Solutions, Inc. disclaims any liability or responsibility for any overdraft charges or fees you may incur from your card issuer or bank for insufficient funds.
Indemnification and Severability
By using this Site, you agree to indemnify and hold harmless Carpal Pain Solutions, Inc., its parent companies, subsidiaries, affiliates, agents, co-brander and each of their respective officers, directors, employees, contractors and suppliers from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of this Site; information you transmit through the Site; your breach of this Agreement; and your connection to the Site.
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Liability
You expressly understand and agree that under no circumstances will Carpal Pain Solutions, Inc., its parent companies, subsidiaries, affiliates, agents, co-brander and each of their respective officers, directors, employees, contractors and suppliers be liable for indirect, special, incidental, or consequential damages, including without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, consequential damages, howsoever caused, and on any theory of liability, whether for tort (including negligence and strict liability), breach of contract, or otherwise resulting from (1) the use of, or the inability to use, the Site; (2) the use of, or the inability to use, items purchased on the Site; (3) the cost of procurement of substitute services, items, or website.
Nothing in these terms and conditions shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms and conditions.
This Agreement and the resolution of any dispute related to this Agreement, the Site, or items you purchase through the Site shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said disputes shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If for what every reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Any and all disputes shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST CARPAL PAIN SOLUTIONS, INC. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
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