Terms & Conditions
The sites are owned and operated by KOR Medical. Throughout the Sites, the terms “we”, “us” and “our” refer to KOR Medical. KOR Medical offers the Sites, including all information, tools, and services available from the sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
SECTION 1 – ONLINE TERMS
You agree not to use our products for any illegal or unauthorized purpose. You agree that any use you make of our Sites does not in any way violate any laws (including but not limited to copyright laws).
You agree not to introduce malicious code, not to transmit any worms or viruses, and to use best efforts to avoid any conduct of a fraudulent, malicious, disrespectful or destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of access to the Sites, and may be reported to appropriate law enforcement authorities.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Sites, use of the Sites, or access to the Sites or any contact on the Sites, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we use our best efforts to provide complete and accurate information, we disclaim responsibility for information that may be incomplete or outdated. We are not medical providers and nothing on the Sites is medical advice nor should it be relied upon as such. We offer general information and encourage all users to consult with professionals or others of their choosing before using any of the products offered on the Sites.
SECTION 4 – MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Sites (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Sites.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
While our website pages and photographic images are intended to accurately depict the products, we cannot warrant that your computing system, internet, or resources will display these images in an accurate or complete manner.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction within the United States and subject to federal and state laws. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. All offers, terms and conditions are subject to any and all applicable laws and regulations and are expected to be read and interpreted in conjunction with applicable laws and regulations.
We do not warrant the quality of any products, services, information, or other material purchased or obtained by you or suitability for you.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit, prohibit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we in our discretion do not fulfill an order as placed, we will attempt to notify you accordingly.
Your commitment to provide current, complete, and accurate purchase and account information is a condition to any and all sales and purchases through the Sites.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree to review any such third-party’s policies, procedures, terms and conditions before accessing such tools and confirm you know the Sites offer no warranties, representations, or conditions of any kind about any third party’s products, services, store, marketing or other resources. We disclaim liability for any acts or omissions you experience when using third-party tools or resources.
SECTION 8 – THIRD-PARTY LINKS
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
We undertake no obligation to update, amend or clarify information on the Sites or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites or on any related Site, should be taken to indicate that all information on the Sites or on any related Site has been modified or updated.
SECTION 12 – PROHIBITED USES
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of the sites, their content, and products or services purchased through the sites are provided on an “as is” and “as available” basis, without any warranties. Your access and use of the Sites are at your own risk. We make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Sites, that the Sites or the server are free of viruses or other harmful data. All implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed.
We make no representation that the products sold on the sites comply with the law in any or every jurisdiction in which the Sites may be accessed and used. You are solely responsible for complying with the laws that may apply to your possession and use of the products that you purchase. You agree that from time to time we may deactivate the Sites for indefinite periods of time at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Sites is at your sole risk. The service and all products and services delivered to you through the Sites are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KOR Medical, our directors, officers, employees, affiliates, agents, advisors, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Sites or any products procured using the Sites, or for any other claim related in any way to your use of any service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Sites or any content (or product) posted, transmitted, or otherwise made available via the Sites, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the lesser of sums you have paid purchasing goods or services via the Sites or the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
SECTION 15 – LIMITATIONS OF LIABILITY
In no event shall we be liable for any consequential, incidental, or punitive damages, including without limitation lost income or profits, pain and suffering or other non-economic damages resulting from your use of the Sites or goods sold via the Sites.
SECTION 16 – SEVERABILITY
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 18 – ENTIRE AGREEMENT
SECTION 19 – GOVERNING LAW
SECTION 21 – CONTACT INFORMATION
SECTION 22 – DISPUTE RESOLUTION
Any dispute or claim relating in any way to the use of the Sites or the purchase of any product or service through the use of the Sites shall be resolved through binding arbitration conducted by the American Arbitration Association, before a single arbitrator in the State of Colorado and in accordance with Colorado Commercial Rules. Disputes shall be resolved on an individual basis only and not in a class action. We may waive the application of all or any portion of this Section 22 in our sole discretion.