KNEECRUTCH.COM CONDITIONS AND TERMS OF USE

Welcome to KNEECRUTCH.COM, which is provided by Fabridyne, Inc. collectively referred to as either “we”, “our” or “us”. These Conditions and Terms of Use govern your use of this website, its content, and goods offered through KNEECRUTCH.COM.

This agreement describes the terms and conditions of your usage of the KNEECRUTCH.COM website and the products and services offered therein. YOUR AFFIRMATIVE ACT OF ACCESSING AND USING KNEECRUTCH.COM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING CONDITIONS AND TERMS OF USE AS SET FORTH PRESENTLY OR AS MAY BE AMENDED FROM TIME TO TIME BY US, YOU CONSENT TO THE PRACTICES DISCLOSED IN THESE CONDITIONS AND TERMS OF USE, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

We reserve the right to make change these Conditions and Terms of Use at any time. You can review the most current version of these terms by clicking on the “Terms and Conditions” hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use KNEECRUTCH.COM after we post changes to these Terms and Conditions”, you are signifying your acceptance of the new terms.

1. PRICES

The prices payable for the products that you order are clearly set out on the website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are expressed exclusive of any local taxes payable unless otherwise stated.

All prices shown on the KNEECRUTCH.COM website are quoted in United States Dollars. In addition to the price for goods and services, KNEECRUTCH.COM will add charges for shipping and handling and sales tax (where required by law) to all orders. KNEECRUTCH.COM reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by KNEECRUTCH.COM.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, KNEECRUTCH.COM shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether 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, KNEECRUTCH.COM shall promptly issue a credit to your credit card account in the amount of the incorrect price.

2. AVAILABILITY

If for any reason beyond our reasonable control, we are unable to supply any ordered product, we will notify you as soon as possible. In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal or greater value.

3. ACCEPTANCE

There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from KNEECRUTCH.COM, for any reason. KNEECRUTCH.COM reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. The receipt by you of an order confirmation does not constitute KNEECRUTCH.COM’s acceptance of an order. Prior to KNEECRUTCH.COM’s acceptance of an order, verification of information may be required.

4. PAYMENT

You can pay by any American Express, MasterCard or Visa credit card. Your credit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time of order. Our liability to you in connection with any order will not exceed the total price charged for the order.

5. COPYRIGHT NOTICE

Copyright notice for all pages on this web site: © 2007-2008 Fabridyne, Inc. All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Fabridyne’s copyrighted works without first obtaining Fabridyne’s written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.

6. TRADEMARK NOTICE

All product names, trademarks, service marks or other images in this web site are either the property of, or used with permission by, Fabridyne’s, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons.

7. YOUR RESPONSIBILITIES

You may use KNEECRUTCH.COM for lawful purposes only. You may not submit or transmit through KNEECRUTCH.COM any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including KNEECRUTCH.COM and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these Conditions and Terms of Use, guidelines or any policy posted on KNEECRUTCH.COM, or
8. interferes with the use of KNEECRUTCH.COM by others.

You agree that you will take no action of any kind to interfere or “hack” the KNEECRUTCH.COM website including, without limitation, introducing viruses onto the system and running software routines to impose large loads on our servers and other infrastructure.

You further agree not to use KNEECRUTCH.COM in any manner that could damage, disable, overburden, or impair our servers, our web-host’s servers or networks, or interfere with any other party’s use and enjoyment of KNEECRUTCH.COM. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Conditions and Terms of Use.

8. PROPRIETARY RIGHTS

We, our suppliers, and our users who lawfully post text, messages, information, images, audio and video (“Content”) on KNEECRUTCH.COM own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.

9. LICENSE TO USE KNEECRUTCH.COM

You may use KNEECRUTCH.COM and the Content offered on KNEECRUTCH.COM only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of KNEECRUTCH.COM or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

10. DISCLAIMER OF WARRANTIES

We have taken reasonable efforts to ensure that the information contained in this website is accurate. However, all information is provided “as is” without any express or implied warranties. We provide KNEECRUTCH.COM as is, with all faults and as available.

We and our suppliers make no express warranties or guarantees about KNEECRUTCH.COM. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT KNEECRUTCH.COM AND ALL GOODS, SERVICES AND PRODUCTS SOLD THROUGH OR DISTRIBUTED THROUGH KNEECRUTCH.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT KNEECRUTCH.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KNEECRUTCH.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE KNEECRUTCH.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A KNEECRUTCH.COM REPRESENTATIVE SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL AND STATE LAWS THAT THIS CONTRACT CANNOT CHANGE.

The KNEECRUTCH.COM website and the products and services offered therein are provided “as is” and without warranty of any kind, either expressed or implied, including, without limitation, any warranties of title, merchantability or fitness for a particular purpose. We make no warranties or representations whatsoever with respect to the website and the products and services offered therein or any linked site or its content, including the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. We also do not warrant or represent that your access to or use of the website or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the KNEECRUTCH.COM site or any linked site is free of computer viruses or other harmful components. Some states may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Under no circumstances shall KNEECRUTCH.COM, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use the KNEECRUTCH.COM site or any linked site or its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if KNEECRUTCH.COM is expressly advised of the possibility of such damages.

11. LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY REGARDING ANY GOODS PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH GOOD FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF KNEECRUTCH.COM. IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF US AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF KNEECRUTCH.COM EXCEED THE TOTAL AMOUNT OF THE FEES THAT YOU PAID US FOR THE GOODS. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON KNEECRUTCH.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST WAGES, LOSS OF GOODWILL, WORK STOPPAGE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of KNEECRUTCH.COM or any products, goods or services sold there through.

13. INTERNATIONAL USE

We make no representation that Content on KNEECRUTCH.COM is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access KNEECRUTCH.COM from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

14. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

15. SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules and guidelines posted on KNEECRUTCH.COM constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

16. TERMINATION

Your right to use KNEECRUTCH.COM automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with KNEECRUTCH.COM. We also reserve the right, in our sole discretion, to terminate your access to all or part of KNEECRUTCH.COM, for any reason, with or without notice.