TERMS OF USE

These terms and conditions of use (“Terms of Use”) govern your use of the website offered by Injury Dynamics Council, Inc., a California corporation (“Injury Dynamics”) at www.injurydynamics.com (the “Site”), including your purchase of products from the Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. By accessing or using the Site, you agree to be bound by these Terms of Use and Privacy Policy, which form a legally binding agreement (the “Agreement”). If you do not agree to be bound by the Agreement, please do not use the Site.

NOTE: THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

1. Ownership of the Site and Content

All pages within this Site, and any material made available for download, unless otherwise noted, are the property of Injury Dynamics. The Site is protected by United States and international copyright and trademark laws. The content of the Site, including, without limitation, the files, documents, text, photographs, images, product information, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Injury Dynamics in writing.

You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics, images, or photographs available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Injury Dynamics or any third party, except as expressly provided herein.

2. Code of Conduct

In accessing and using this Site, you agree that you will not:

Engage in any fraud or misrepresentation, including, without limitation, impersonating another person or entity, providing us with the personal information of another person without permission, or adopting a false identity if the purpose of doing so is to mislead, deceive, or defraud.

Use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

Gain or attempt to gain unauthorized access to this Site, accounts, computer systems, or networks connected to Site, through hacking, password mining, or any other means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others, such as names or email addresses.

Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Interfere or attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”

Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Injury Dynamics on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).

Violate any applicable law, rule, regulation, or ordinance.

Infringe or violate another person’s rights, including privacy and intellectual property rights.

Violations of system or network security may result in civil or criminal liability. Injury Dynamics will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

3. Account

You may be required to create an account to access or use certain areas of the Site, and to purchase products from the Site. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device(s). You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. We reserve the right to terminate your account at any time.

4. Product Purchases

a. Products and Pricing.

All products listed on the Site are subject to change, as is product information, pricing, and availability. Injury Dynamics reserves the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice.

Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to decline or cancel any such orders. If your credit card has already been charged for the order and it is cancelled, we will issue a credit to your credit card account in the amount of the charge.

If you receive a product and it is not as described, your sole remedy is to return it in unused condition in accordance with Injury Dynamics’s return policy.

b. Payment Terms.

For each product you order on the Site, you agree to pay the price displayed on the product page at the time of your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable taxes. Injury Dynamics will automatically bill your credit card submitted as part of the order process for such amounts, and you hereby authorize us to do so.

Unless it is expressly stated in these terms or on the applicable product page, all payments are non-refundable.

c. Shipping Policy.

You can select from Injury Dynamics’s shipping options during the order checkout process on the Site.

Some products are subject to shipping restrictions because of size or weight and may be delayed because of these reasons.

Injury Dynamics does not guarantee any specific delivery times. Shipping times are estimates that may vary depending on order processing time and the distance from our distribution center to the shipping address.

P.O. BOX/APO FPO ADDRESSES:

Note: Injury Dynamics will not deliver to a P.O. Box, APO or FPO address but these addresses may be used as a billing address. Injury Dynamics is currently exploring additional options to accommodate shipments to these addresses.

d. Return Policy.

Return Policy. Products may not be returned without Injury Dynamics’s prior written approval (including receiving an approved Return Authorization Form from Injury Dynamics, which Injury Dynamics may approve or deny in its sole discretion). Requests for returns must be received by Injury Dynamics’s customer service department (admin@injurydynamics.com) in writing within 10 days of shipping date. Injury Dynamics cannot offer refunds. Please email admin@injurydynamics.com with your order number to obtain a Return Authorization Form.

Injury Dynamics will not be responsible for any returns that are lost in the mail when being returned. Injury Dynamics advises you to insure your package containing the product(s) being sent to us and get tracking information. No exceptions will be made to this policy.

Details on the address where returns shall be sent to will be provided to you in the accompanying Return Authorization Form (if approved by Injury Dynamics).

Exchanges. We do not accept any product exchanges.

5. Accuracy of Information; Disclaimer of Warranties

Although Injury Dynamics attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. Information and Content contained on the Site may be changed or updated without notice. Injury Dynamics reserves the right without prior notice to discontinue any products or other items displayed on the Site without incurring any obligations.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. INJURY DYNAMICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INJURY DYNAMICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. INJURY DYNAMICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.

INJURY DYNAMICS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

6. Limitation of Liability Regarding Use of Site

INJURY DYNAMICS AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, ERRORS OR INACCURACIES, PROPERTY DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

7. Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, INJURY DYNAMICS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify and hold harmless Injury Dynamics and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including, without limitation, reasonable attorney’s fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Injury Dynamics or any other person or entity.

9. Links

This Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). Injury Dynamics does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, legality, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available, on or at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply Injury Dynamics’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Site.

10. Modification/Termination by Injury Dynamics

Injury Dynamics reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, and/or your use of this Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties and indemnification obligations made by you, and by the disclaimers and limitations of liability. Additionally, Injury Dynamics shall not be liable to you or any third party for any termination of your access to the Site.

In its sole discretion, Injury Dynamics may from time-to-time revise these Terms of Use and its Privacy Policy. Injury Dynamics will provide prominent notice of any material changes.

11. Dispute Resolution/Arbitration

Injury Dynamics is committed to working with you in the event of a dispute. If you have a problem or dispute, you must first notify Injury Dynamics and give Injury Dynamics an opportunity to resolve your problem or dispute amicably. This includes you first sending a written description of your problem or dispute using the following email address: admin@injurydynamics.com.

You agree to negotiate with Injury Dynamics in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Injury Dynamics’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

ARBITRATION: You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site or these Terms of Use, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Injury Dynamics’s or any third party’s intellectual property right, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Injury Dynamics and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with Injury Dynamics as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Injury Dynamics agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO ADMIN@INJURYDYNAMICS.COM. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS ACTION MAY ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND INJURY DYNAMICS BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to the Site or Terms of Use, be instituted more than one (1) year after the cause of action arose.

12. General

Severability: In the event that any of the Terms of Use are held by arbitrator(s), a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

International Visitors: Injury Dynamics makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any countries outside the United States, or that this Agreement complies with the laws of any other country. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Governing Law: These Terms of Use shall be governed by the laws of the United States and the State of New York, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Assignment. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of Injury Dynamics, and any attempt to do so is void.

Entire Agreement; No Waiver. These Terms of Use and the Injury Dynamics Privacy Policy constitutes the entire agreement between you and Injury Dynamics regarding the use of the Site. Injury Dynamics’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Contact Us. For any questions or concerns about this Site or the Content herein, please contact us at admin@injurydynamics.com.