Terms of service

OVERVIEW

Welcome to OrthoBeam. The terms “we”, “us”, and “our” refer to OrthoBeam. We operate this website and online store, including all content, features, tools, products, and services made available to you (the “Services”). OrthoBeam is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with any policies referenced or linked here, describe the rights and responsibilities that apply when you use or interact with the Services.

Please read these Terms carefully, as they include important information about your legal rights, obligations, warranty disclaimers, and limitations of liability.

By visiting, accessing, or using the Services, or by purchasing anything from us, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must stop using the Services immediately.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the parent or legal guardian of any minor who uses the Services under your supervision.

To use certain parts of the Services, including browsing, creating an account, or placing an order, you may be asked to provide information such as your name, email address, billing details, and shipping address. You agree that all information you provide is true, accurate, current, and complete, and that you are authorized to provide it.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer or assign your account to any other person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to display our products as accurately as possible, including colors, textures, and details. However, the appearance of products may vary depending on your device, screen settings, lighting, and other factors. We do not guarantee that your device’s display will be accurate.

We do not warrant that the quality, appearance, or performance of any products or services will fully meet your expectations or that they will be identical to images or descriptions in our store.

All product descriptions, features, and prices are subject to change at any time without notice. We may discontinue any product at any time. We may also limit the quantities of products available to any person, household, or geographic region at our sole discretion.

SECTION 3 – ORDERS

When you place an order through the Services, you are making an offer to purchase the products in your cart. OrthoBeam may accept or reject any order at its discretion. Your order is not accepted until we have processed your payment and sent you an order confirmation.

You are responsible for carefully reviewing your order before submitting it. Once an order is accepted and processed, we may not be able to change or cancel it. If we cannot accept your order, or if we need to cancel or modify it, we will attempt to contact you using the email address, billing address, or phone number you provided at checkout.

All purchases are subject to our Refund Policy.

You represent and warrant that any products you purchase are for personal or household use only and not for resale, distribution, or export.

SECTION 4 – PRICES AND BILLING

Prices for our products and services are subject to change without notice. The price you are charged will be the price in effect at the time you place your order, as shown at checkout and in your order confirmation email. Unless specifically stated, prices do not include taxes, shipping, handling, customs, or import duties.

Prices in our online store may differ from prices available in other channels, including physical stores or third-party websites. We may from time to time offer promotions, discount codes, or other offers, which may be subject to additional terms. If there is any conflict between the terms of a promotion and these Terms, the promotion terms will apply with respect to that promotion.

You agree to provide current, complete, and accurate billing and payment information for all purchases. You also agree to promptly update your account details, including email address and payment information, so we can complete your transactions and contact you if needed.

By submitting payment information, you represent and warrant that you are authorized to use the payment method provided, that the information is correct, and that your payment provider will honor all charges. You agree to pay all charges incurred at the posted prices, including any applicable taxes, shipping, and handling fees.

SECTION 5 – SHIPPING AND DELIVERY

Estimated shipping and delivery times are provided for convenience only and are not guaranteed. Actual delivery times may vary due to carrier delays, customs processing, weather, or other factors outside our control.

Once we deliver your order to the shipping carrier, title and risk of loss pass to you. We are not responsible for lost, stolen, or damaged packages after they have been transferred to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

All content and materials on the Services, including but not limited to text, logos, images, graphics, product names, designs, page layouts, and audio or video clips, are owned by OrthoBeam or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may use the Services only for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from the Services without our prior written permission.

Nothing in these Terms grants you any license or right to use any trademarks, logos, or other intellectual property of OrthoBeam, Shopify, or any third party, except as expressly permitted by us in writing. Unauthorized use may violate intellectual property laws and these Terms.

“OrthoBeam” and related names, logos, product names, and designs are trademarks of OrthoBeam or its affiliates or licensors. Shopify and related names and logos are trademarks of Shopify. Other names and logos that appear on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools or features that we do not control, operate, or monitor. These tools are provided “as is” and “as available,” without any warranties, representations, or conditions of any kind.

Your use of any optional third-party tools is entirely at your own risk and discretion. You should ensure that you have read and agree to the terms of any third-party provider before using such tools.

Any new features or tools added to the Services in the future will also be subject to these Terms, unless stated otherwise.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links or references to third-party websites, services, or content. These third-party sites are not under our control, and we are not responsible for examining or evaluating their content, accuracy, or practices.

If you choose to access third-party websites from our Services, you do so at your own risk. We are not liable for any damage or loss related to your use of third-party websites, or your purchase or use of products, services, or content from third parties.

You should carefully review the terms and policies of any third-party websites before engaging in any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

OrthoBeam is powered by Shopify. Shopify provides the e-commerce platform that allows us to sell our products and services to you. However, all purchases you make are between you and OrthoBeam, not Shopify.

By using the Services, you acknowledge that Shopify is not responsible for any issues arising from your purchases from OrthoBeam, including any claims, damages, or losses related to products or transactions. You expressly release Shopify and its affiliates from any liability related to your use of the Services and your purchases from OrthoBeam.

SECTION 10 – PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. Our Privacy Policy is available.

Because our Services are hosted by Shopify, certain personal information is also processed by Shopify in order to operate and improve the platform. Shopify’s privacy practices are described in Shopify’s own privacy policy.

By using the Services, you acknowledge that your personal information may be transferred to and processed by Shopify and other third parties in countries other than your own, as described in our Privacy Policy.

SECTION 11 – FEEDBACK

If you submit reviews, comments, ideas, suggestions, photos, or other content to us (collectively, “Feedback”), you grant OrthoBeam a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback in any media for any purpose, including for marketing and improving the Services.

You represent and warrant that you own or have the right to submit the Feedback, that the Feedback is accurate, and that its use will not violate the rights of any third party. We have no obligation to keep any Feedback confidential, to pay compensation for it, or to respond to it.

We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violates these Terms or any third-party rights. You are solely responsible for any Feedback you submit.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on our website or in the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services for any unlawful, fraudulent, harmful, or malicious purpose, and not to violate any applicable laws or regulations.

You also agree not to infringe upon or violate our intellectual property rights or the rights of others; not to harass, abuse, insult, harm, defame, slander, or discriminate against any person or group; not to submit false or misleading information; not to upload or transmit viruses or other malicious code; not to attempt to gain unauthorized access to the Services or related systems; not to interfere with or circumvent security features; and not to use the Services to send spam or other unsolicited messages.

We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms or engaged in any prohibited use.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services, or any part of the Services, at any time and for any reason, without prior notice. You will remain responsible for all amounts due up to and including the date of termination.

Provisions of these Terms that by their nature should survive termination will continue to apply, including those relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products and content made available through the Services are provided “as is” and “as available,” without any warranties of any kind, whether express or implied.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not guarantee the accuracy or reliability of any information or content made available through the Services. Any use of the Services is at your own risk.

To the fullest extent permitted by law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, OrthoBeam, its owners, officers, employees, affiliates, agents, contractors, and service providers, and Shopify and its affiliates, will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of the Services or any products purchased through the Services. This includes, without limitation, damages for loss of profits, revenue, savings, data, goodwill, or replacement costs, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to the Services or products will not exceed the amount you paid for the product or service at issue.

Some jurisdictions do not allow limitations of liability for certain types of damages, so these limitations may not apply to you to the extent prohibited by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless OrthoBeam, Shopify, and their respective owners, officers, employees, affiliates, agents, contractors, licensors, and service providers from and against any claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your breach of these Terms, or your violation of any law or the rights of any third party.

We may assume control of the defense of any matter subject to indemnification at your expense, and you agree to cooperate with us in such defense.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

These Terms, together with any other policies or terms referenced on our website, constitute the entire agreement between you and OrthoBeam regarding your use of the Services and supersede any prior agreements or understandings.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.

SECTION 21 – GOVERNING LAW

These Terms and any disputes arising out of or related to the Services or your purchases will be governed by and construed in accordance with the laws of the state or jurisdiction where OrthoBeam is headquartered, without regard to its conflict of law principles.

You agree to submit to the personal jurisdiction and venue of the courts located in that jurisdiction.

SECTION 22 – HEADINGS

Section titles and headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We may update, change, or replace any part of these Terms by posting the revised version on our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services after any changes are posted constitutes your acceptance of the updated Terms.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service can be sent to us at helporthobeam@gmail.com