TERMS AND CONDITIONS OF SALE AND USE

Last Updated: August 9, 2026

These Terms and Conditions of Sale and Use (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Walk Better Orthotics, Inc. (“WBO,” “we,” “us,” or “our”).

These Terms govern:

1. all offers, quotations, proposals, sales, purchases, shipments, deliveries, and any other transactions or communications relating to products and Custom Products manufactured or sold by WBO, whether purchased through our website, by telephone, by email, through healthcare providers, distributors, retailers, or any other sales channel (collectively, the “Products”); and
2. your access to and use of any website, mobile site, online store, or online services owned or operated by WBO (collectively, the “Site”).

For clarity, unless there is a separate written agreement signed by you and an authorized WBO representative, these Terms apply to the entire relationship between you and WBO with respect to the Products and the Site and govern all transactions relating thereto. These Terms supersede any additional or different terms proposed by you, whether contained in a purchase order, correspondence, or otherwise. WBO's acceptance of an order or delivery of Products is expressly conditioned on your agreement to these Terms, and WBO's performance shall not be construed as an acceptance of, or agreement to, any additional or different terms in your purchase order or terms of purchase. Any such additional or different terms are expressly rejected by WBO and shall have no force or effect.

PLEASE READ THESE TERMS CAREFULLY. BY PLACING AN ORDER, ACCEPTING DELIVERY OF PRODUCTS, MAKING PAYMENT FOR PRODUCTS, OR ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

PART 1: TERMS OF SALE

1.1 Orders and Acceptance

All orders for Products submitted through the Site, by telephone, by email, or through a healthcare provider, distributor, or retailer authorized by WBO are subject to acceptance by WBO in its sole discretion. WBO may refuse, limit, or cancel any order, and may also correct any pricing, descriptive, or other error in Product information, at any time and for any reason. No order is binding on WBO until WBO issues an order confirmation or ships the Products, whichever occurs first.

Placing a Product in your shopping cart does not reserve or guarantee the availability, quantity, pricing, or other terms applicable to such Product. All Products are subject to availability, and prices, inventory, specifications, and other Product information may be different than stated on the Site at the time of order.

WBO may also modify, discontinue, or replace any Product at any time and without liability, provided that WBO will fulfill any order for that Product already accepted in accordance with these Terms.

1.2 Custom Orthotic Products

WBO may, in its sole discretion, offer Custom Products fabricated to Customer- or practitioner-supplied measurements, molds, scans, or casts ("Custom Products"). If Customer orders a Custom Product, WBO may require a non-refundable deposit before beginning fabrication of a Custom Product, and Customer is solely responsible for the accuracy and completeness of all measurements, casts, scans, and other specifications provided to WBO. All Products, including Custom Products, are available over the counter and do not require a prescription; however, Customer is encouraged to consult a licensed healthcare provider regarding the suitability of a Product for Customer's individual condition.

Measurements, casts, and scans submitted for a Custom Product are valid only for the order for which they were submitted; WBO may require updated measurements before fabricating a replacement or additional Custom Product. Customer acknowledges that Custom Products are manufactured based on Customer- or practitioner-supplied information and that variations in fit, comfort, or performance may occur despite conformity with the applicable specifications.

WBO is not responsible for independently verifying the clinical accuracy of measurements, molds, scans, or casts supplied by or on behalf of Customer. WBO is not liable for any injury, ill fit, or nonconformity resulting from an error, omission, or clinical judgment of a healthcare provider, practitioner, distributor, or retailer who is not an employee of WBO, and Customer agrees to indemnify WBO for any such claim to the extent provided in Section 3.3.

1.3 Pricing and Payment

Prices are subject to change without notice. WBO reserves the right, at any time prior to delivery of the Products, to increase the price of any order upon notice to Customer to reflect WBO's then-current costs, including increases in the costs of materials, labor, freight, tariffs, duties, or other factors affecting the manufacture, procurement, or delivery of the Products. Unless otherwise agreed by WBO in writing, all prices are quoted, invoiced, and payable in United States Dollars.

Prices are exclusive of shipping, handling, taxes, and other governmental charges unless expressly stated otherwise. Customer is responsible for all sales, use, value-added, or similar taxes applicable to an order, other than taxes based on WBO's net income, and for providing any tax-exemption documentation required to avoid their application. Full payment is due at the time of order unless WBO has expressly agreed in writing to alternative payment terms. WBO may use third-party payment processors, and Customer agrees to comply with the applicable terms and conditions of such processors. Any amount not paid when due shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law. Customer shall reimburse WBO for all costs and expenses incurred in collecting overdue amounts, including reasonable attorneys' fees and court costs. Customer will not offset, withhold, or reduce any payment due to WBO for any reason, including any actual or asserted claim, dispute, or counterclaim against WBO, whether arising under these Terms or otherwise. Customer's obligation to pay all fees and charges when due is a covenant that is independent of WBO's other covenants under these Terms.

1.4 Allocation of Products

In the event of any shortage of materials, components, capacity, or supply affecting WBO's ability to fill all orders, WBO reserves the right, in its sole discretion, to allocate available Products, materials, and manufacturing capacity among its customers, distributors, and channels on such basis as WBO deems equitable, without liability to Customer for any resulting delay or shortfall.

1.5 Insurance and Third-Party Reimbursement

If Customer intends to seek reimbursement from a health insurer, government payor, health savings account, or flexible spending account, Customer is solely responsible for determining coverage, obtaining any required prior authorization, and submitting any claims. WBO makes no representation or warranty that any Product is covered or reimbursable by any payor and is not responsible for denied, delayed, or partial reimbursement.

1.6 Shipping and Delivery

Shipping and delivery dates provided by WBO are estimates only and are not guaranteed. Title and risk of loss for Products pass to Customer upon delivery to the carrier, except to the extent otherwise required by applicable law. WBO is not liable for delays or failures in delivery caused by the carrier, customs, or other circumstances beyond WBO's reasonable control.

Customer will inspect the Products upon arrival at the delivery destination and will, within seven (7) calendar days of delivery, notify WBO in writing of: (a) any damage to the Products; (b) any discrepancy between the Products and WBO's specifications; or (c) any discrepancy between the quantity of Products received and the quantity specified on the paperwork accompanying the delivery. Absent such notice within that period, the Products will be deemed accepted by Customer. If Customer notifies WBO of any damage or discrepancy, Customer will give WBO a reasonable opportunity to inspect the Products concerned.

1.7 Returns, Exchanges, and Refunds

WBO shall not be obligated to accept returns of any Product, whether standard or Custom. Except as required by applicable law or as expressly provided under the warranty in Section 1.8, no return will be accepted unless approved in writing by WBO in advance, and no Product may be returned based on comfort, fit, or preference. Returns of worn and/or embellished Products will not be accepted. Authorized returns may, in WBO’s sole discretion, be subject to a twenty percent (20%) restocking fee.

1.8 Product Warranty

WBO warrants to Customer that, for a period of thirty (30) days from the date of delivery for standard Products, and ninety (90) days from the date of delivery for Custom Products (the applicable “Warranty Period”), the Products will be free from material defects in materials and workmanship under normal use and in accordance with WBO’s instructions and applicable documentation. With respect to Custom Products only, WBO further warrants that such Custom Products will materially conform to the specifications submitted by Customer and expressly agreed to by WBO. This warranty is extended solely to you, the original purchaser of the Product, and may not be transferred or assigned.

This warranty does not cover: (a) ordinary wear and tear; (b) damage resulting from misuse, accident, unauthorized modification, improper storage or handling, or failure to follow care instructions; (c) changes in Customer's foot, gait, or body that render a previously conforming device ill-fitting; (d) issues arising from inaccurate, incomplete, or later-changed specifications supplied by or on behalf of Customer; or (e) use of the Product for any purpose other than its intended use. To be eligible for coverage, Customer must submit a written warranty claim to WBO during the applicable Warranty Period, together with reasonable details regarding the claim and any information as WBO may reasonably request to evaluate the claim. Failure to provide timely notice will result in waiver of the applicable warranty claim.

For any valid warranty claim, WBO may, in its sole discretion, (i) repair the affected Product; (ii) replace the affected Product; or (iii) issue Customer a pro-rata credit or refund not exceeding the purchase price actually paid for the affected Product. The remedies set forth in this Section are Customer’s sole and exclusive remedies for any warranty claim.

WBO will have a reasonable time to investigate, evaluate, and resolve any warranty claim, and Customer shall provide all reasonable cooperation requested by WBO. Any Product that is repaired, replaced, credited or refunded under this warranty will become WBO's property immediately, and Customer will return it to WBO upon request. Return shipping costs will be borne by WBO only if WBO determines, in its reasonable discretion, that the Product is defective or nonconforming and covered by this warranty. If WBO reasonably determines that the Product is not defective, is not covered by this warranty, or the claim is otherwise invalid, Customer shall be responsible for all return shipping and related costs.

THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS FURTHER DESCRIBED IN PART 3.

1.9 Medical Disclaimer

Products include orthotic devices, but may also include other medical, wellness, or wearable products. Products are intended solely for use as directed by a qualified healthcare provider, where applicable, and in accordance with any instructions, documentation, or guidelines provided by WBO. Customer acknowledges that Products are not guaranteed to be comfortable, pain-free, or suitable for every individual, and that individual results may vary. Customer should consult a licensed healthcare provider regarding the suitability of any Product for Customer's individual condition, and should seek prompt medical attention for any adverse reaction, pain, skin irritation, or other concern experienced while using a Product. Nothing on the Site, in any WBO marketing material, or in any communication from WBO personnel is intended or should be construed to create a provider-patient relationship, medical relationship, or duty of care between Customer and WBO or any WBO personnel.

Products are not intended to replace medical devices or services prescribed by your healthcare provider. WBO is not responsible for the acts, omissions, recommendations, measurements, or clinical judgments of healthcare providers or other third parties.

1.10 Cancellations

No order, in whole or in part, may be rescheduled or canceled by Customer without WBO's prior written consent.

1.11 Resale Restrictions

Unless otherwise permitted by WBO in writing, Customer will not resell, redistribute, or export any Product, whether directly, through brokers, exporters, distributors, or otherwise. WBO may condition any consent to resale on Customer's agreement to additional terms, including restrictions on territory, channel, pricing, or end use. Any resale in violation of this Section is a material breach of these Terms and, at WBO's election, will void any warranty applicable to the resold Product.

1.12 Export Control

If a Product is shipped to a destination outside the United States, Customer represents and warrants that it will comply with all applicable U.S. and foreign export control and economic sanctions laws and regulations, including the Export Administration Regulations and the regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). Customer represents that it is not located in, organized under the laws of, or a national or resident of any country or territory subject to comprehensive U.S. embargo, and is not identified on any U.S. government list of prohibited or restricted parties. Customer will not export, re-export, or transfer any Product in violation of such laws, and is solely responsible for obtaining any export or import licenses or authorizations required for its use of the Products.

1.13 Product Descriptions

Product images and descriptions may change and are provided for illustrative purposes only, where applicable. WBO may not display images of all Products or all available features, variations, or configurations. Where Product images are provided, such images may not reflect the exact size, scale, color, materials, or appearance of the actual Product. WBO does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If you have any questions regarding the size, color, or any other physical aspect of a particular item, please contact WBO as provided in Section 3.12.

1.14 Product Recalls and Safety Notices

If WBO determines, or is notified by a regulatory authority, that a Product should be recalled, repaired, or subject to a field safety corrective action, Customer will reasonably cooperate with WBO’s instructions, including by ceasing use of the affected Product and returning or disposing of it as directed. This Section does not expand WBO’s warranty obligations under Section 1.8 and is intended solely to facilitate compliance with applicable product safety laws.

PART 2: TERMS OF USE

2.1 Eligibility

The Site is intended for use by individuals who are at least 18 years old, or the age of majority in their jurisdiction of residence. By using the Site, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are using the Site on behalf of a healthcare practice, distributor, or other organization, or if you are ordering a Product, including a Custom Product, for a minor, you represent and warrant that you have the authority to bind such organization or, as applicable, that you are the minor's parent or legal guardian or are otherwise legally authorized to act on the minor's behalf.

2.2 Account Registration

Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information, to maintain the confidentiality of your login credentials, and to notify WBO promptly of any unauthorized use of your account. You are responsible for all activity that occurs under your account.

2.3 License to Use the Site

Subject to your compliance with these Terms, WBO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business use in connection with purchasing or using Products. This license does not include any right to (a) resell or make commercial use of the Site or its contents; (b) collect or use any product listings, descriptions, or pricing for the benefit of a competing business; or (c) use any data mining, robots, or similar data gathering or extraction methods.

Any use of the Site in violation of these Terms automatically terminates the license granted in this Section 2.3, without any need for notice from WBO.

2.4 Acceptable Use

You agree not to:

1. use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
2. upload or transmit viruses, malicious code, or other harmful material;
3. attempt to gain unauthorized access to the Site, other users' accounts, or WBO's systems or networks;
4. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
5. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
6. submit false, misleading, or fraudulent information, including with respect to measurements or insurance information; or
7. use any Product image, description, or specification obtained from the Site to fabricate or reverse-engineer a competing product.
8. frame, mirror, or in-line link the Site, or incorporate any part of the Site into another website or application, without WBO’s prior written consent;
9. remove, obscure, or alter any copyright, trademark, or other proprietary rights notice appearing on the Site or on any Product; or
10. reverse engineer, decompile, or disassemble the Site or any underlying software, except to the extent such restriction is prohibited by applicable law.

2.5 User Content

If the Site permits you to submit reviews, photographs, or other content ("User Content"), you grant WBO a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable license to use, reproduce, modify, publish, and display such User Content, including for purposes of providing, operating, and improving the Products and the Site, and for marketing, advertising, and promoting WBO, the Products, and the Site in any media, without compensation or attribution to you. You represent that you own or otherwise control all rights to the User Content you submit and that its use by WBO as contemplated by these Terms will not violate the rights of any third party.

2.6 Intellectual Property

The Site and its entire contents, features, and functionality, including all text, graphics, logos, images, and software, are owned by WBO or its licensors and are protected by copyright, trademark, and other intellectual property laws. WBO likewise owns all right, title, and interest in and to the Products, including any related designs, patents, trade secrets, trademarks, know-how, and other intellectual property, whether existing now or developed in the future, including any intellectual property arising from Custom Products fabricated to Customer- or practitioner-supplied specifications. Except as expressly permitted under Section 2.3, no right, title, or interest in the Site or its contents is transferred to you.

2.7 Notifications of Claimed Copyright Infringement

WBO respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that content available on the Site infringes your copyright, you may provide WBO with a written notice containing sufficient information to identify the allegedly infringing material and the copyrighted work claimed to have been infringed, together with your contact information and a statement that you have a good faith belief that the use of the material is unauthorized. WBO may remove or disable access to content alleged to be infringing and may terminate accounts of repeat infringers where appropriate.

Notices of claimed infringement should be sent to WBO's designated agent at: Ryan Smuro, Walk Better Orthotics, 1200 Market St., PMB# 127, Lemoyne, PA 17043, RSMuro@WalkBetterNow.com.

2.8 Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by WBO, including payment processors and shipping carriers. WBO is not responsible for the content, privacy practices, or terms of any third-party website or service, and your use of such third-party services is at your own risk and subject to their respective terms.

2.9 Privacy

WBO's collection and use of personal information, including any health-related information submitted in connection with Custom Products, is described in WBO's Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of information as described in the Privacy Policy.

2.10 Suspension and Termination

WBO may, in its sole discretion and without prior notice, suspend or terminate your access to the Site, without liability, if WBO reasonably believes that you have violated these Terms or engaged in conduct that is harmful to WBO, other users, or third parties. You agree that any violation, or threatened violation, of these Terms may cause irreparable harm to WBO for which monetary damages would be an inadequate remedy, and you agree that WBO shall be entitled to seek injunctive or equitable relief, in addition to any other remedies available at law or in equity, without the necessity of posting a bond.

2.11 Electronic Communications and Signatures

By using the Site or placing an order, you consent to receive communications from WBO electronically, including order confirmations, notices, disclosures, and other communications relating to the Products or the Site. You agree that any electronic signature, click-through acceptance, or electronic record satisfies any legal requirement that such communications be in writing, to the fullest extent permitted under applicable law.

2.12 Accessibility

WBO endeavors to making the Site accessible to individuals with disabilities. If you experience difficulty accessing any part of the Site or require assistance placing an order, please contact WBO using the information in Section 3.12, and WBO will use commercially reasonable efforts to work with you to provide the information or complete the transaction through an alternative method.

PART 3: GENERAL TERMS

3.1 Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 1.8, THE PRODUCTS AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WBO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PRODUCT, INCLUDING ANY CUSTOM PRODUCT, WILL MEET CUSTOMER'S SPECIFIC MEDICAL OR PERSONAL NEEDS OR WILL RESOLVE, IMPROVE, OR PREVENT ANY PARTICULAR MEDICAL CONDITION OR SYMPTOM.

WBO IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, LOSS, OR DESTRUCTION OF, DATA SUBMITTED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so some or all of the exclusions in this Section 3.1 may not apply to a particular Customer to the extent prohibited by applicable law; in that case, any implied warranty that cannot lawfully be excluded will be limited to the shortest duration and narrowest scope permitted under that law.

Customer further acknowledges that it has not relied on any representation, warranty, statement, or promise regarding the Products except those expressly set forth in these Terms.

3.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SITE, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WBO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SITE, OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO WBO FOR THE ACTUAL PRODUCT(S) GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WBO SHALL NOT BE LIABLE FOR ANY DAMAGES, INJURY, OR LOSS ARISING FROM: (A) YOUR MISUSE OF A PRODUCT; (B) YOUR FAILURE TO FOLLOW ANY FITTING, CARE, OR USAGE INSTRUCTIONS PROVIDED WITH A PRODUCT; (C) YOUR FAILURE TO OBTAIN APPROPRIATE MEDICAL GUIDANCE PRIOR TO PURCHASING OR USING A PRODUCT; OR (D) ANY MODIFICATION OF A PRODUCT NOT PERFORMED OR AUTHORIZED BY WBO (E) YOUR BREACH OF THESE TERMS; (F) YOUR GROSS NEGLIGENCE; OR (G) YOUR WILLFUL MISCONDUCT.

3.3 Indemnification

You agree to defend, indemnify, and hold harmless WBO and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your breach of these Terms; (b) your use of the Site or the Products, including, without limitation, any use of a Custom Product inconsistent with instructions provided by WBO or your healthcare provider; (c) inaccurate, incomplete, or fraudulent information you or your agent supply to WBO; or (d) your violation of any applicable law or the rights of any third party.

Additionally, if Customer is a healthcare provider, distributor, or retailer that dispenses or resells a Product or Custom Product to a patient or other end user (an "End User"), this indemnification extends to, and Customer will defend, indemnify, and hold harmless WBO against, any claim, demand, or legal proceeding brought by or on behalf of such End User arising out of or relating to such Product or Custom Product, regardless of whether such claim is also asserted against WBO directly.

3.4 Governing Law

These Terms and any dispute arising out of or relating to the Products, the Site, or these Terms are governed by the laws of the State of Pennsylvania, without regard to its conflict of laws principles, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

3.5 Dispute Resolution; Arbitration; Right to Opt Out

1. Informal Dispute Resolution and Arbitration Agreement. If a dispute arises between you and WBO, the party asserting the dispute agrees to first provide the other party with written notice (email acceptable) of its complaint before commencing any arbitration or legal proceeding. Customer shall provide such notice via email to RSmuro@WalkBetterNow.com. WBO shall provide such notice to the email address or other contact information previously provided by Customer to WBO. The parties shall then attempt to resolve the dispute informally within sixty (60) days from the date after the responding party receives such notice. If the dispute is not resolved within that sixty (60) day period (or a longer period as mutually agreed by the parties), it will be resolved via arbitration as follows.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Products, or the Site shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, or such other applicable rules, conducted in Cumberland County, Pennsylvania, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have exclusive authority to determine issues concerning the interpretation, applicability, enforceability, and scope of this arbitration provision. YOU AND WBO EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

1. Time Limit to Commence Arbitration. You or WBO must commence arbitration of a Dispute within one (1) year after the Dispute first arose, or the claim will be permanently barred, except where applicable law requires a longer period.
2. Attorneys' Fees for Non-compliance. If either party commences a lawsuit in violation of this Section 3.5 or otherwise fails to comply with the dispute resolution procedures set forth herein (unless the parties mutually agree to another alternative), the other party may recover its reasonable attorneys' fees and costs incurred in successfully compelling arbitration or enforcing this Section 3.5.
3. Exception for Collections and Injunctive Relief. Notwithstanding the dispute resolution procedures set forth in this Section, including the notice and arbitration requirements, WBO may bring an action in any court of competent jurisdiction to (a) collect any amounts owed to WBO, including for Products delivered or services rendered, or (b) seek temporary, preliminary, permanent, injunctive, equitable, or other provisional relief to protect its intellectual property, confidential information, or other proprietary rights, without first providing notice under this Section or pursuing arbitration. All other disputes, claims, and controversies shall be resolved exclusively in accordance with the notice and arbitration procedures set forth in this Section 3.5.
4. Right to Opt Out. You may opt out of the arbitration provisions set forth in this Section 3.5 by sending written notice via U.S. mail to Walk Better Orthotics, 1200 Market St., PMB #127, Lemoyne, PA 17043. Your notice must include your name, mailing address, and a clear statement that you elect to opt out of the arbitration provisions of these Terms. Any notice that does not include the required information will be ineffective.

To be effective, your opt-out notice must be postmarked within thirty (30) days after the earlier of (a) the date you first accept these Terms or (b) the date you first purchase a Product, unless a longer period is required by applicable law. This opt-out right may be exercised only once in connection with your initial acceptance of these Terms and does not apply to any subsequent order, renewal, amendment, or continued use of the Site. You are solely responsible for ensuring that WBO timely receives your opt-out notice.

If you validly opt out of the arbitration provisions of this Section 3.5, neither you nor WBO will be required to arbitrate disputes arising between you, and such disputes shall instead be resolved in accordance with Section 3.4 in a court of competent jurisdiction. The jury trial waiver and class action waiver set forth in this Section 3.5 shall survive any valid opt-out and remain enforceable to the fullest extent permitted by applicable law.

3.6 Force Majeure

WBO will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, without limitation, acts of God, natural disaster, pandemic, labor dispute, supply chain disruption, governmental action, or failure of third-party carriers or suppliers.

3.7 Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without WBO's prior written consent. WBO may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

3.8 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, it will be modified or reformed to the minimum extent necessary to make it enforceable while best achieving the Terms' original intent and if it cannot be so modified or reformed, it will be severed from these Terms. The invalidity, illegality, or unenforceability of any provision will not affect the validity, legality, or enforceability of any other provision of these Terms, or of the same provision in any other jurisdiction, and the remaining provisions will continue in full force and effect.

3.9 Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of WBO. WBO's failure to enforce any right or provision will not constitute a waiver of that right or provision.

3.10 Entire Agreement

These Terms, together with any order confirmation, WBO's Privacy Policy, and any separate written agreement expressly referencing these Terms, constitute the entire agreement between you and WBO with respect to the Products and the Site, and supersede all prior or contemporaneous understandings, whether written or oral.

3.11 Amendments

WBO may revise these Terms from time to time by posting an updated version on the Site with a new “Last Updated” date. Changes will apply prospectively to orders placed and Site access occurring after the effective date of the revision. Your continued use of the Site or placement of an order after a revision constitutes acceptance of the revised Terms.

3.12 Notices

WBO may provide notices to you via the email address or shipping address associated with your order or account, or by posting on the Site. You may provide notice to WBO at the following:

Walk Better Orthotics

1200 Market St., PMB# 127, Lemoyne, PA 17043

RSMuro@WalkBetterNow.com

717-935-9255

3.13 Survival

The following provisions will survive the expiration or termination of these Terms, the termination of your access to the Site, or the completion of any transaction between you and WBO, together with any other provision that by its nature should survive: Sections 1.3, 1.7, 1.8, 1.9, 1.11, and 1.12 of Part 1; Sections 2.5, 2.6, and 2.8 of Part 2; and all of Part 3.

3.14 Relationship of the Parties

WBO and Customer are independent parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, fiduciary, or employment relationship between WBO and Customer, and neither party has authority to bind the other or to make any representation, warranty, or commitment on the other’s behalf.

3.15 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and WBO and do not create any right or cause of action in any third party, including any healthcare provider, distributor, retailer, insurer, or payor involved in a transaction, except as expressly stated in Section 3.3.

3.16 Interpretation

The headings in these Terms are for convenience only and do not affect interpretation. The word “including” and similar terms mean “including without limitation.” These Terms are in the English language only, which language will control in the event of any conflict with any translated version.

3.17 Authority of Representatives

No statement, representation, or promise by a WBO employee, agent, contractor, or other representative that conflicts with, expands, or modifies these Terms is binding on WBO unless confirmed in a separate writing signed by an authorized representative of WBO. This Section does not limit Section 3.9 (Waiver).