Terms & Conditions

Overview

By accessing or using any of the KOR Medical, LLC (“KOR”) Internet properties including, without limitation, www.kormedical.com, www.thekorsystem.com, and www.shop.kormedical.com mobile websites, microsites, mobile applications, KOR profiles on social media sites and any other digital services or properties operated or used, and any others released by the KOR from time to time (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”) and the KOR Privacy Policy.

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.

By visiting our sites and/ or purchasing products or services from us, you engage in “Use” of the Sites and agree to be bound by the following Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  This Site is not designed or appropriate for any persons under the age of eighteen (18).

Please read these Terms of Use carefully before accessing or using our Sites. If you are not at least eighteen (18) years of age, log off this Site immediately.  Please also refer to our Privacy Policy which should be read together with these Terms of Use.  By accessing or using any part of our Sites, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then stop accessing the Site and any of the services we offer.    From time to time we may revise, update or change these Terms of Use and you are responsible for familiarizing yourself with any such changes.  Your continued use of the Site constitutes your acceptance of and agreement to such changes.

Any new features or resources on the Sites even if added after we publish these Terms of Use are subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on www.kormedical.com.

Our stores are hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.  They have their own privacy policies and terms of use which can be reviewed here: https://woocommerce.com/document/marketplace-privacy/  We are not responsible for nor do we publish their privacy policies or related terms of use.

SECTION 1 – ONLINE TERMS

By continuing to view and use the Sites, you are agreeing to our Privacy Policy and Terms of Use and you are agreeing you shall only use our Sites for lawful purposes. 

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. 

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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your Comments will not violate any intellectual property rights, any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not embarrass, abuse, defraud, harm, or disrespect any person or entity. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to your age and/or the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We cannot review all communications and materials posted on our Sites and take no responsibility and assume no liability for anything that may be any posted by you or any third-party, and in appropriate cases may report suspected violations of these Terms of Use to law enforcement authorities.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

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

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites or of any related Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sites or any related Site, other websites, or the Internet. We reserve the right to terminate your use of the Sites or any related Site for violating any of the 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

You agree to indemnify, defend and hold harmless KOR Medical and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, advisors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use (or Privacy Policy), such determination shall not affect the validity and enforceability of any other remaining provisions.

Our decision not to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

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.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Sites, or when you cease using our Sites.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Sites (or any part thereof).

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use (including our Privacy Policy) shall not constitute a waiver of such right or provision.

These Terms of Use, our Privacy Policy, and any policies or operating rules posted by us on this site or in respect to the Sites constitute the entire agreement and understanding between you and us and govern your use of the Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against Kor Medical, its agents or assigns.

SECTION 19 – GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you the Sites shall be governed by and construed in accordance with the laws of Colorado. Any disputes hereunder shall be resolved per the terms of Section 22 below in a location determined by the KOR Medical.

SECTION 20 – CHANGES TO TERMS OF USE

From time to time we may revise, update or change these Terms of Use and you are responsible for familiarizing yourself with any such changes.  Your continued use of the Sites constitutes your acceptance of and agreement to such changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at info@kormedical.com.

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.