Terms of Service

Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of struxasplints.com and our related sites, including studio.struxasplints.com (Struxa Studio), shop.struxasplints.com, and account.struxasplints.com (together, the "Site") and any purchases of products from Struxa, Inc. ("Struxa," "we," "us," or "our"). By using the Site or placing an order, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

Use of the Site

You may use the Site for lawful purposes, whether for yourself or on behalf of an organization such as a clinic, practice, or business. You agree not to:

• Use the Site in any way that violates applicable law or these Terms.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Site, its servers, or its security features.
• Copy, scrape, resell, or exploit any part of the Site except as expressly permitted.
• Submit false, misleading, or fraudulent information, including through our contact form or at checkout.

You must be able to form a legally binding contract to make a purchase. We may suspend or terminate access to the Site at our discretion if these Terms are violated.

Accounts

You can create an optional Struxa account to sign in, review your orders, and save preferences. Accounts are provided and secured by Shopify. You are responsible for the accuracy of the information you provide and for keeping your sign-in credentials confidential, and you are responsible for activity that occurs under your account. Please notify us at hello@struxasplints.com if you believe your account has been used without your permission. You may close your account at any time, and we may suspend or close an account that we reasonably believe has been used to violate these Terms or the law.

Products, orders, and pricing

Our online store, cart, and checkout are powered by Shopify. When you place an order, you are making an offer to purchase, and Shopify processes your order and payment on our behalf.

• Pricing. Prices are shown in US dollars and are subject to change. Applicable taxes and shipping charges are calculated and displayed at checkout.
• Order acceptance. We may accept, decline, or cancel an order for any lawful reason: for example, product availability, suspected fraud, or an error in pricing or product information. If we cancel an order you have paid for, we will issue a refund.
• Errors. We work to keep product descriptions, images, and pricing accurate, but we do not warrant that all content is error-free and may correct errors at any time.
• Availability. Products are subject to availability and may be modified or discontinued.

Returns and exchanges

We want you in the right splint. Our return and exchange policy, consistent with the details published in our FAQ, works as follows:

• 30-day window. If you're not satisfied, email us at hello@struxasplints.com with your order number within 30 days of delivery to start a return or exchange.
• Condition. Splints can be returned if they're unworn, unwashed, and in original condition. For hygiene reasons we can't accept splints that have been worn or washed, unless the item is defective.
• One free exchange. Each splint ships in a single fit, so we do not offer size exchanges. We'll cover a one-time exchange per order for a different colorway or for the other splint: send the unworn splint back and we'll send the replacement.
• Trim-to-Size & customized items. Trim-to-Size splints that have already been cut or modified can't be returned unless they arrived defective, since they've been customized to you.
• Damaged, misprinted, or wrong item. If your order arrives defective or isn't what you ordered, email us within 30 days with a photo and we'll make it right with a free replacement or a full refund, usually with no return needed.
• Refunds. Approved refunds go to your original payment method, typically within 5-10 business days after we receive and inspect the return. Return shipping is your responsibility for change-of-mind returns; we cover it for defects and our errors. Original shipping is non-refundable except on defective or incorrect orders.

Shipping

Struxa products are designed and manufactured in Colorado. Shipping methods, rates, and delivery estimates are shown at checkout, and you'll receive a tracking link by email once your order ships. Delivery timeframes are estimates, not guarantees.

Intellectual property

The Site and its content (including text, graphics, logos, product designs, images, and the STRUXA and Struxaform™ names and marks) are owned by or licensed to Struxa, Inc. and are protected by intellectual property laws. Except for the limited right to view the Site for your personal or internal business use, no license or right is granted to you. You may not use our names, marks, or content without our prior written permission. Product features may be covered by one or more pending patent applications.

Your submissions and feedback

When you send us information through our contact form, by email, or through optional tools such as "Your Struxa Fit," you are responsible for what you submit. You agree not to submit anything unlawful, infringing, or that belongs to someone else, and, as noted in those tools, to enter fit and product preferences only, not medical or diagnostic details. If you send us ideas, suggestions, or feedback about our products or the Site, you agree we may use them without any obligation or payment to you.

Medical disclaimer

Struxa splints are general-purpose support products designed for comfort and everyday support. They are not intended to diagnose, treat, cure, or prevent any disease, injury, or condition, and nothing on this Site is medical advice or a substitute for it. Always consult a qualified healthcare professional about any injury, pain, or condition, and before you begin, change, or stop using any splint or support. If you experience pain, numbness, swelling, skin irritation, or worsening symptoms while wearing a Struxa product, stop use and consult a healthcare professional. Keep out of reach of young children.

Disclaimer of warranties

The Site and products are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Struxa disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Struxa, Inc. and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or related to your use of the Site or products. Our total liability for any claim relating to the Site or a product will not exceed the amount you paid for the product giving rise to the claim. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You agree to indemnify and hold harmless Struxa, Inc. and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.

Third-party links and services

The Site may link to or rely on third-party services, including Shopify and Web3Forms. We are not responsible for the content, policies, or practices of third parties, and your use of their services is governed by their own terms.

Accessibility

We want the Site to be usable by as many people as possible and work to improve its accessibility over time. If you have trouble using any part of the Site, or need help placing an order, contact us at hello@struxasplints.com or (720) 647-2561 and we will do our best to help and to provide the information or assistance you need.

Governing law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Colorado, unless applicable law provides otherwise.

Dispute resolution

If you have a concern or dispute with us, please contact us first at hello@struxasplints.com so we can try to resolve it informally. You agree to give us at least 30 days to resolve any dispute before starting a formal proceeding. Most concerns can be resolved this way.

Arbitration and class-action waiver

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court, to have a dispute decided by a jury, and to participate in a class action.

Except for the matters excluded below, if we cannot resolve a Dispute through the informal process above, you and Struxa agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our products (a "Dispute") will be resolved by binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.

Class-action and jury-trial waiver. You and Struxa agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. You and Struxa also waive any right to a jury trial. If a court decides that this class-action waiver is unenforceable as to a particular Dispute, then that Dispute, and only that Dispute, will proceed in court rather than in arbitration.

How arbitration works. The arbitration will be administered by a nationally recognized arbitration provider under its consumer arbitration rules then in effect, before a single neutral arbitrator. Unless you and Struxa agree otherwise, the arbitration will take place in Colorado or, at your election, in the county where you live, or by telephone or video conference. The arbitrator will apply the law of the State of Colorado, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. This section does not require arbitration of: (a) an individual claim that qualifies for and is brought in small-claims court; or (b) a request for injunctive or other equitable relief to stop the unauthorized use or abuse of the Site or the infringement of intellectual-property rights. Either party may also ask a court to compel arbitration or to enforce an arbitration award.

Your right to opt out. You may opt out of this "Arbitration and class-action waiver" section within 30 days of the date you first accept these Terms (or of a material change to this section) by emailing hello@struxasplints.com with the subject line "Arbitration opt-out" and the name and email or order associated with your purchase. Opting out will not affect any other part of these Terms. If you opt out, or if this section is found not to apply to a Dispute, that Dispute will be resolved in the courts identified in "Governing law."

This section survives termination of these Terms. Nothing in it prevents either party from raising a matter with a relevant government agency, which may seek relief on your behalf.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site or placement of an order after changes take effect means you accept the updated Terms.

General

• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and Struxa regarding the Site and your purchases, and replace any prior understandings on those subjects.
• Severability. If any part of these Terms is found unenforceable, the rest will remain in effect.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Electronic communications. By using the Site or placing an order, you agree that we may communicate with you electronically and that agreements, notices, and records provided electronically satisfy any requirement that they be in writing.

Contact us

Questions about these Terms? Contact us at:

Struxa, Inc.
7717 W 6th Ave, Suite F, Lakewood, CO 80214
hello@struxasplints.com