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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of bad back store. The collective
work includes works that are licensed to bad back store. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with bad back store or purchasing bad back store
products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of
the material from the different areas of the site solely for your own non-commercial
use, or to place an order with bad back store or to purchase bad back store
products. Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by bad back store. You further agree not to change or delete
any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of bad back store used in the
site are trademarks or registered trademarks of bad back store.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, bad back store disclaims all warranties,
express or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. bad back store does
not represent or warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other harmful components.
bad back store does not make any warranties or representations regarding the
use of the materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
bad back store shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if bad back store has been advised
of the possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a bad back store product is mistakenly listed at an incorrect
price, bad back store reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. bad back store reserves the right
to refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for
the purchase and your order is canceled, bad back store shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and conditions,
or any part of them, may be terminated by bad back store without notice at any
time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
bad back store may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have provided to
bad back store.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of Oklahoma, U.S.A, without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the purchase
of bad back store products) shall be in the state or federal courts located
in Oklahoma. Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of bad back store products) must
be commenced within one (1) year after the claim or cause of action arises.
bad back store's failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. bad back
store may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or
by use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a bad back store or other licensed employee, host, or representative,
as well as other members or visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload commercial content
on the site or use the site to solicit others to join or become members of any
other commercial online service or other organization.
Participation Disclaimer
bad back store does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user-generated content
on the site, bad back store is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents
or activities on the site. However, bad back store reserves the right to block
or remove communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation
of a copyright, trademark or; other intellectual property right of another or
(d) offensive or otherwise unacceptable to bad back store in its sole discretion.
In addition, the information available through this site is not intended to
be used as medical advice and it is not intended to be used to diagnose, treat,
cure or prevent any disease, nor should it be used for therapeutic purposes
or as a substitute for your own health professional s advice. bad back store
does not accept any liability for any injury, loss or damage incurred by use
of or reliance on the information.
Indemnification
You agree to indemnify, defend, and hold harmless bad back store, its officers,
directors, employees, agents, licensor's and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, bad back store may
link to sites operated by third parties. However, even if the third party is
affiliated with bad back store, bad back store has no control over these linked
sites, all of which have separate privacy and data collection practices, independent
of bad back store. These linked sites are only for your convenience and therefore
you access them at your own risk. Nonetheless, bad back store seeks to protect
the integrity of its web site and the links placed upon it and therefore requests
any feedback on not only its own site, but for sites it links to as well (including
if a specific link does not work).
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