Osteoboost Terms of Sale
Bone Health Technologies, Inc. (“BHT”, “we”, or “us”) operates the website accessible at orders.osteoboost.com (the “Osteoboost Store”) in order to allow the general public to (i) learn more about BHT’s Osteoboost therapeutic device and its related offerings (our “Offerings”) and (ii) potentially purchase Offerings from BHT.
1. Terms and Conditions of Sale. You can place orders for the purchase of BHT’s Offerings through the Osteoboost Store. These Terms apply to any orders placed by you and any purchase of any Offerings by you. By clicking or tapping “Sign In”, “Login”, “Pay Now”, “Submit”, “Create Account”, “Place Order” or otherwise using the Osteoboost Store to order and/or to purchase Offerings you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract with respect to the ordering of Offerings by you and/or the purchase of the Offerings by you and can only be amended with BHT’s written consent. Any purchases that you make are subject to these Terms. A copy of these Terms will be provided to you when you receive confirmation of acceptance of your order(s), as described below. BY ACCESSING AND/OR USING THE OSTEOBOOST STORE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.
2. Additional Terms. In addition to these Terms, use of and access to the Osteoboost Store and any use of any Offerings are subject to the following additional agreements and policies, each of which is incorporated herein by reference (collectively, the “Policies”):
If any portion of these Terms conflicts with any portion of the Privacy and Security Policy, the Privacy and Security Policy shall govern for all purposes. Note, “Mobile App Terms” shall mean any terms of use related to any of our mobile applications, if and when they become available for download.
3. Accounts. In order to place orders for any Offerings and make purchases of any such Offerings, you are required to register for an account with BHT (a “User Account”). You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Osteoboost Store does not violate any applicable law or regulation or these Terms. You further represent and warrant that you have the right to use any credit card or other means of payment that you provide to us in your User Account or otherwise. If there is a problem charging your selected payment method in your User Account, we may charge any other valid payment method associated with your User Account. You agree not to purchase any goods or services or register a User Account using a false identity or information or on behalf of someone other than yourself. You are responsible for maintaining the confidentiality of your User Account login information. You are fully responsible for all activities that are associated with your User Account (including but not limited to any orders or purchases,). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify BHT of any unauthorized use or suspected unauthorized use of your User Account or any other actual or potential breach of security.
4. Order Acceptance. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell any Offering. No sale is complete until shipment. BHT reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information, including receipt of a valid prescription by BHT’s designated pharmacy, as described below, may be required prior to the acceptance of an order. Prices and availability of Offerings are subject to change without notice. Errors will be corrected when discovered and BHT reserves the right to revoke any stated offer or promotion and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Osteoboost Store. BHT reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your User Account may also be restricted or terminated for any reason, at BHT’s sole discretion.
5. Risk of Loss and Shipping and Delivery. All items purchased from BHT are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the applicable Offerings to the carrier. Tangible product Offerings will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Osteoboost Store. The time and location of delivery of any such Offerings to you is at the discretion of the carrier. The carrier will attempt to deliver any applicable Offerings in accordance with the carrier’s delivery terms. If you are not available when your order is delivered, the carrier may choose to return the product to us, and you will receive a notification that your order could not be delivered. Where an order cannot be delivered and is returned to us, BHT will apply a refund to your account. Note, shipments of our offerings may be made by our third-party agents acting on our behalf. As such, shipper information may not reference BHT.
6. Offering Availability. The purchase of Offerings is subject to availability. BHT will inform you as soon as possible if the Offering you have ordered is not available and BHT will not process your order. If you have already paid for any Offering that is not available within 90 days of your order date, you may request a refund by sending us a written request to support@osteoboost.com. If you elect to receive a refund, your order will be canceled and not fulfilled. BHT reserves the right to impose ordering restrictions on the number of Offerings that can be order during any specified time period.
7. Prescription Requirement. Use of BHT’s Osteoboost vibration belt (the “Osteoboost Belt”) requires a valid prescription from your healthcare provider. As such, prior to any order for an Osteoboost Belt being accepted by BHT, you are required to submit a valid prescription to BHT’s designated pharmacy (the “Designated Pharmacy”) for verification. The Designated Pharmacy will be identified to you during your ordering of the Osteoboost Belt via the Osteoboost Store. Acceptance of any such order is conditioned on the Designated Pharmacy validating your prescription in its sole discretion. Currently, our Designated Pharmacy is HealthWarehouse.
8. Telehealth Option. During your ordering process for an Osteoboost Belt, you may be given the option to have a quick consultation with a third-party telehealth provider to see of the Osteoboost Belt is right for you (the “3rd Party Provider”). If the 3rd Party Provider determines you qualify, it may issue a prescription on your behalf and deliver that prescription to the Designated Pharmacy. In that case, the 3rd Party Provider shall be your healthcare provider for purposes of Section 7 of these Terms. In order to utilize the 3rd Party Provider service, you may be prompted to provide BHT with information about yourself, including completing a health questionnaire. You agree that BHT has the right to deliver all such information to the 3rd Party Provider on your behalf for its review. You agree to pay any fees charged by the 3rd Party Provider in accordance with their terms. We will attempt to advise you during the ordering process of any charges you may be asked to incur. The 3rd Party Provider will communicate directly with you in accordance with their separate terms and conditions that you may be required to accept and for which BHT has no control. BHT provides access to the 3rd Party Provider solely as a convenience to its customers. Currently, the 3rd Party Provider is Beluga Health, an entity that has represented to BHT that it is HIPAA compliant.
9. Payments. BHT accepts most major credit cards for payment. The accepted methods of payment are displayed during the ordering process within the Osteoboost Store. Payment for your order and all applicable delivery charges is in advance of receiving any Offerings. Unless otherwise specified during the ordering process, you will be charged for the Osteoboost Belt that you are purchasing when your order is placed by you. You confirm that you own the credit/debit card that is being used to make your purchase. All credit and debit card holders are subject to validation checks and authorization by BHT and/or our third-party payment processors. If BHT and/or our third-party payment processors believes that the card used to pay for your order is being used fraudulently, this will be reported to the relevant authorities and all orders cancelled. For more information about how BHT treats personal data, please refer to the Privacy and Security Policy. If your card issuer refuses to authorize payment for your order, BHT and/or its agents will be unable to process your order(s) or ship any applicable Offerings to you and BHT will not be responsible for any delay or non-delivery. BHT likely will not be informed of the reason for refusal and therefore, BHT will be unable to inform you of the reason that your card issuer has refused payment. BHT is not responsible for any card or bank charges issued by your card issuer as a result of processing payment for your order. Your account will record that payment has been remitted to Osteoboost. You will be notified each time that a payment is taken.
10. Limit Right to Cancel Orders. You may cancel an order at any time prior to shipment of the Offering to you through your User Account or by emailing us at support@osteoboost.com. Upon cancellation by you, any amount paid by you during the ordering process you will be refunded within fourteen (14) business days from the date of cancellation using the method that you used to pay for your purchase and you will not be charged any additional amounts for your applicable order. Additionally, if our Designated Pharmacy does not validate your prescription within fourteen (14) days of your order, your order may be cancelled by us and any amount paid by you during the ordering process will you will be refunded within fourteen (14) business days from the date of cancellation by us using the method that you used to pay for your purchase and you will not be charged any additional amounts for your applicable order. BHT retains the right to cancel your order at any time after 14 days without having received a prescription validated by our Designated Pharmacy.
11. Osteoboost Belt Refund Policy. In addition to any legal rights you may have, the purchase of an Osteoboost Belt by you is backed by a thirty (30) days money back guarantee. If you change your mind about your purchase for any reason, then please return it within thirty (30) calendar days of receipt. To return your unaltered and undamaged Osteoboost Belt, please email us at support@osteoboost.com within thirty (30) calendar days of receiving your Osteoboost Belt for instructions and follow those instructions. In addition to anything else contained in the instructions, you will need to return the Osteoboost Belt postage prepaid, with proof of purchase to an address specified by BHT. Within fourteen (14) working days after receipt of your Osteoboost Belt, we will attempt to verify that your Osteoboost Belt is in good working order and not damaged. Upon confirmation that the shipment date of the Osteoboost Belt was dated within thirty (30) calendar days of receiving your Osteoboost Belt and your Osteoboost Belt is in good working order and not altered or damaged, you will be refunded your purchase price within fourteen (14) business days using the method that you used to pay for your purchase. Except as stated herein or as otherwise required by law, all other sales of the Osteoboost Belt are final.
12. Osteoboost Belt Limited Warranty. Any purchase of an Osteoboost Belt is subject to the BHT Limited Warranty Policy.
13. No Medical Advice. BHT does not provide specific medical advice, recommendations or care in any manner. Any BHT Offering should only be used under medical supervision. In fact, BHT and its employees and agents are not practicing medicine of any kind. Seek the advice of your doctor or other qualified health care provider concerning your medical condition(s) prior to using or while using any Offering. User of any Offering is solely at your own risk.
14. Governing Law. These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the State of California except for that portion relating to conflicts of laws. If you are located outside the United States, you disclaim the United Nations Convention on Contracts for the International Sale of Goods. The Federal and State courts in San Mateo County and Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. You expressly consent to the personal jurisdiction of, and venue in, such courts.
15. General
a. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
b. Limitation on Legal Actions. No action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.
c. Waiver. The failure by either you or BHT to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of each applicable party.
d. Entire Agreement. This Agreement, inclusive of the Policies which has been incorporated herein, constitutes the complete and exclusive agreement of the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether written or oral, with respect to its subject matter.