ORTHOGEAR TERMS OF SERVICE
Effective date: July 21st, 2025
1. Acceptance of Terms
Welcome to OrthoGear, a peer-to-peer online marketplace for Equipment (defined below). These Terms of Service (the “Terms”) govern your use of OrthoGear’s Services (defined below). By accessing or using the Services, you agree to comply with and be bound by these Terms. You may not use the Services if you do not agree to these Terms.
2. Definitions
a. “Buyer” – any person or entity purchasing, or who has purchased, Equipment using the Services.
b. “Equipment” – any tangible goods, machinery, tools, devices, or other items listed for sale or purchase on the Services.
c. “OrthoGear,” “we,” “us,” or “our” – OrthoGear, a sole proprietorship owned and operated by Ian Hinkley, and any successor or assign (including any future incorporated entity) that operates the OrthoGear marketplace.
d. “Seller” – any person or entity that lists, has listed, offers, or has offered Equipment for sale using the Services.
e. “Services” – (1) OrthoGear’s website and platform — https://www.myorthogear.com/ — as updated, relocated, or modified from time to time; (2) OrthoGear’s facilitation of listing, advertising, and sale of Equipment on the platform; (3) all content on the website and all related intellectual-property rights; and (4) any online or physical tools or services related to the foregoing, including mobile applications we provide and any web pages we control on third-party sites. “Services” does not include separate goods or services supplied by third parties (e.g., warranty providers, shippers, payment processors), though we may provide access to or help you engage such third parties.
f. “User” – any individual or entity that accesses or uses the Services, including you.
g. “You” – the individual accessing the Services as a Buyer, Seller, or visitor. If you access the Services on behalf of a company, organization, or other entity (or another individual), “you” also includes that principal, and you represent and warrant that you are authorized to bind it to these Terms.
3. Account Registration and Right to Access
a. To use OrthoGear, you must create an account by providing accurate and complete information. You are responsible for updating your account information and maintaining the confidentiality of your account information, and you are liable for any activity that occurs under your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
b. You must be at least 18 years old and capable of forming a binding contract with OrthoGear in order to use OrthoGear’s Services. By registering, you confirm that you meet these requirements.
c. You may not use OrthoGear’s Services or create an account if you have previously been removed or suspended from the Services or had a different account removed or suspended.
d. If you open an account or otherwise use OrthoGear’s Services on behalf of a company, organization, or other entity, then “you” includes the entity, you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and you agree to these Terms on behalf of the entity.
e. Subject to your compliance with these Terms, including those set forth in this Section 3, OrthoGear hereby grants you a non-exclusive, revocable, non-transferable right to access the Services solely for the purposes of listing Equipment for sale or purchasing Equipment through the Services, or using the website for the purposes of considering whether to sell or purchase Equipment, subject to the restrictions set forth herein. We reserve all rights not expressly granted in these Terms in and to the Services and our intellectual property rights therein.
4. Seller Obligations
As Seller, you agree, represent, and warrant that:
You assume full responsibility for the Equipment offered and the accuracy and content of the listing provided for such Equipment.
The Equipment is, and on the date of sale will be, owned by the Seller free and clear of any and all registered and unregistered liens, security interests, tax or duty obligations or other encumbrances or contrary claims whatsoever.
The Equipment is in good operating condition, free of material defects, except as explicitly and clearly disclosed in the listing for such Equipment, and has been cleaned and disinfected in accordance with applicable guidelines.
The description of the Equipment is accurately set forth in the listing and includes all material information necessary for a Buyer to determine the quality, condition, and safety of such Equipment.
The Equipment complies with all applicable U.S. federal, state, and local regulations governing the resale of used rehabilitation, physical-therapy, and chiropractic devices (e.g., 21 CFR § 820 and any state refurbisher requirements).
You will not list single-use devices, prescription-only equipment, or items requiring FDA 510(k) clearance unless you meet all regulatory prerequisites and clearly disclose them.
You will immediately remove—and, if already sold, refund—any item subject to a manufacturer or government recall that has not been remedied in accordance with recall instructions.
As applicable, such Equipment has never been re-built or salvaged, and all usage meters on the Equipment reflect actual usage unless otherwise explicitly and clearly disclosed in the listing for such Equipment.
Documentation supporting calibration, maintenance, or safety inspections shall be retained by you and provided to the Buyer or OrthoGear upon request; OrthoGear is not responsible for independently verifying the accuracy or completeness of such documentation.
The Equipment has not been modified or tampered with in any manner that would be contrary to applicable legislation or misleading to a potential Buyer, including, but not limited to, tampering with safety or performance features.
The Equipment has not been fraudulently obtained and is not stolen or counterfeit.
You are duly authorized to enter into these Terms and to complete and deliver the Equipment upon sale of such Equipment to a Buyer.
You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency which have not been repaired according to the required specifications, or, if repaired, are not evidenced by documentation of the proper completion of the repair, if the sale of the product is prohibited by law or regulation, or if the product is deemed a health or safety hazard by any governmental agency or body. OrthoGear has no responsibility or liability for the safety or performance of any product you list or sell using the Services, including any product that is subject to a recall.
You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using the Services.
The offering for sale, advertising, or selling of the Equipment does not and will not violate these Terms, applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of publicity, or which otherwise may be harmful (in OrthoGear’s sole discretion) to OrthoGear, OrthoGear’s providers, OrthoGear’s suppliers, or any Users.
If the listed Equipment violates any of the foregoing, OrthoGear may modify, correct, supplement, remove, or delete such listing.
As set forth in Section 8, payment processing services related to the sale of Equipment may be provided by third-party payment processors, which may include Stripe Inc., and such services are subject to Payment Processor Terms, which you agree to be bound to. To the extent applicable, you, Seller, authorize and appoint us to act as your agent for purposes of processing payments, refunds and adjustments in connection with your sale of Equipment, including receiving and holding proceeds from Equipment sales on your behalf, and remitting settlement amounts to you. Payment from a Buyer to us in connection with the sale of your Equipment shall be considered the same as payment made directly to you by the Buyer. Upon a Buyer’s payment of funds for Equipment to us, the Buyer’s payment obligation to you for an amount equal to the funds remitted to us is terminated, and we instead are responsible for remitting the funds to you. Your recourse is only against us if we fail to remit funds received from a Buyer pursuant to the terms hereof. You authorize us to set off amounts you may owe us under these Terms from payment amounts we may receive in connection with the sale of your Equipment.
5. Buyer Obligations
As Buyer, you agree, represent, and warrant that:
You have reviewed the full listing, pictures, disclosures, other documentation, and information available on the Services relating to the subject Equipment and Seller before making a bid or offering, buying, or committing to purchase such Equipment.
You enter into a legally binding contract to purchase any item when you buy the Equipment, commit to buy the Equipment, or your offer for the Equipment is accepted in any way, regardless of when payment is due or received unless the transaction terms state that you are required to pay for the item before a binding contract is formed. This contract is solely between you, as the Buyer, and the Seller of such Equipment.
OrthoGear does not transfer legal ownership of Equipment from the Seller to you.
You assume all risk of damage and loss on the Equipment beginning at the point of pick up (by Buyer or its agent) or delivery (by third party transporter) as determined between the Buyer and Seller.
You are duly authorized to enter into these Terms and receive Equipment upon sale of such Equipment by a Seller.
6. Non-Circumvention
a. You understand that OrthoGear’s business is unique and specialized, and that OrthoGear maintains relationships with other Users, including Users within relevant industries, to assist in the marketing, selling, and/or purchasing of Equipment. You acknowledge that such business relationships are the result of substantial time, effort, and resources invested in cultivating and building such relationships. You understand that during the course of you using or having access to the Services, you will have access to various other Users in order for you to market, sell, and/or purchase Equipment. Further, you acknowledge that during the course of you using or having access to the Services, you will likely have access to and knowledge of OrthoGear Confidential Information (defined below), and places you in a position of trust and confidence with OrthoGear.
b. Because of OrthoGear’s legitimate business interests as described in this Agreement, once you engage the Services to list or shop for certain Equipment, or once you have engaged with a potential Buyer or Seller, as applicable, you may not attempt to complete the transaction through any means other than through the OrthoGear platform. The foregoing restriction will apply for so long as you use or have access to the Services and for 24 months thereafter. You further warrant that you shall not obviate or interfere with the relationship of OrthoGear and any other User for the purpose of gaining or receiving any benefit, contract, solicitation, or any activity related to the sale or purchase of any Equipment. Notwithstanding the foregoing, nothing prohibits a Seller from listing Equipment on another online platform or with the help of a private broker or dealer, or any Buyer from contacting a Seller via the other online platform or engaging with a private broker or dealer.
c. Notwithstanding termination of these Terms, or termination of your use of or access to the Services, and notwithstanding anything to the contrary in these Terms, the terms set forth in this Section 6 shall survive termination for the period set forth in this Section 6.
7. Sale and Delivery of Equipment
a. Whether as Buyer or Seller, you expressly agree that once a final sale has consummated on the platform, you have entered into a binding and enforceable contract for the sale or purchase of Equipment, as applicable. Payment for and delivery of the Equipment will be completed pursuant to these Terms and the terms of any applicable third party service providers.
b. Seller is responsible for ensuring the delivery of the Equipment to the Buyer. OrthoGear may assist in facilitating the shipment, transport, and delivery of purchased Equipment by putting Sellers and Buyers in contact with third party service providers offering such services. OrthoGear does not perform such services itself. Unless otherwise agreed, Buyers are responsible for, and assume the risk of loss of, the Equipment after it has been placed with a third party transport or delivery service provider.
8. Fees and Payments
a. OrthoGear shall be entitled to a fee of 10% of the price displayed on each listing for any transaction conducted using the Services (the "Platform Fee", and sometimes referred to as a "success fee"). OrthoGear may retain the Platform Fee from funds transmitted to the Seller as part of a transaction, or the Seller shall pay the Platform Fee to OrthoGear within 30 days of the completion of a transaction. The Platform Fee shall apply unless otherwise agreed to in writing between OrthoGear and Seller.
b. OrthoGear may charge additional fees for certain services, such as listing Equipment or promoting listings. Fee details will be provided on the platform or otherwise disclosed to you. All prices and payments are in U.S. Dollars unless otherwise indicated.
c. Users, and not OrthoGear, are responsible for all applicable taxes and fees associated with their transactions using the Services. All listing prices and fees are exclusive of any value-added tax (VAT) or similar taxes that may apply to a transaction.
d. Payment processing services may be provided by third-party payment processors, which may include Stripe Inc. Such payment processors may use your credit card or ACH information to make payments. The processing of credit card charges or credits, as applicable, relating to your use of the Services will be subject to applicable payment processor terms and agreements (the "Payment Processor Terms"). You hereby agree to be bound by the applicable Payment Processor Terms, which may be modified by such provider from time to time as set forth in the applicable Payment Processor Terms.
9. Enforcement and User Disputes
OrthoGear reserves the right, but has no obligation, to monitor or assist resolving disputes between Users. OrthoGear will have no liability for interactions and transactions between Users, or for any User’s action or inaction, including any User’s failure to satisfy these Terms or make payment. If an issue arises, we may consider the Users’ performance history and the specific circumstances in applying our policies and enforcing these Terms. OrthoGear may employ a flexible approach, as needed, in an effort to do the right thing for the applicable Users. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate these Terms with anyone, for any reason, at our discretion.
10. Prohibited Content and Activities
a. Users may not use the Services to engage in any of the following activities:
List or purchase items that are illegal, stolen, counterfeit, or infringe on intellectual property rights.
Provide misleading or false information or commit fraud or theft.
Post or publish content or use the Services in any manner that is discriminatory, offensive, threatening, harassing, abusive, hateful, libelous, defamatory, obscene, or otherwise objectionable or harmful.
Engage in advertising or soliciting, such as chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by OrthoGear), or engage in spamming or flooding.
Engage in or promote unauthorized commercial activities, including spam and advertising.
Violate any applicable laws or regulations.
b. You and your Users may not, and nor may you or your Users assist, permit, or enable others to, do any of the following:
Use the Services for any purpose other than as expressly set forth herein.
Disassemble, reverse engineer, decode, decompile, or otherwise attempt to discover or gain access to the source code, object code, or underlying structure, ideas, know-how, or algorithms related to the Services (except to the extent this restriction is prohibited by applicable law).
Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access, collect, copy, or record the Services.
Copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of the Services or any of OrthoGear’s intellectual property.
Remove any copyright notices or proprietary legends from the Services.
Use the Services in any manner which, in OrthoGear’s sole discretion, impacts the operation or performance of the Services or any other User’s use of the Services.
Use the Services in competition with OrthoGear, to develop competing products or services, or otherwise to OrthoGear’s detriment or commercial disadvantage.
Use the Services for benchmarking or competitive analysis of the Services.
Impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Services for any invasive or fraudulent purpose including, but not limited to, domain spoofing or other forms of phishing.
Gain unauthorized access to the Services, to other Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Services.
Use the Services in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of publicity, or which otherwise may be harmful (in OrthoGear’s sole discretion) to OrthoGear, OrthoGear’s providers, OrthoGear’s suppliers, or any Users.
c. Users may not engage in any business or activity that falls under the categories listed on the Stripe Restricted Business List, which includes but may not be limited to:
Illegal products and services.
Products and services that infringe intellectual property rights.
Products and services that are unfair, predatory, or deceptive.
Adult content and services.
Certain legal services.
Firearms, explosives, and dangerous materials.
Gambling.
Marijuana.
11. Prohibited Countries
Goods destined for the following countries cannot be listed or sold on the platform: Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Luhansk, and Donetsk Regions of Ukraine.
12. Optional Third Party Services
OrthoGear and third parties may make available other third-party products or services, including shipping, delivery, and transport of Equipment upon sale, which you may elect to use. Any use by you of such third-party services is solely between you and the applicable third-party service provider. OrthoGear does not warrant or make any representations with respect to the quality, performance, or timeliness of such service providers, or provide support for such third-party services. OrthoGear is not responsible for any violations of applicable law by third-party services providers, or for any liability arising from your use of third-party services. OrthoGear does not guarantee the continued availability of any third-party services (or any integration with third- party services or related features), and if such third-party services or related features are discontinued, you will not be entitled to any refund, credit, or other compensation for OrthoGear. Depending on your location, certain third-party services may not be available to you.
13. Data Privacy
OrthoGear’s Privacy Notice governs the collection, use, and sharing of User data. By using OrthoGear’s Services, you understand that OrthoGear will collect, use, and disclose certain personal information as set forth in our Privacy Notice and you agree to the terms of the Privacy Notice. The Services are not designed to receive or store protected health information (PHI); Users agree not to upload PHI via the platform.
You agree that you may receive information or data from other Users through the Services. You agree that such information is "Confidential Information" of OrthoGear and you shall keep such Confidential Information confidential for a period of 5 years from the date of obtaining such Confidential Information. You further agree that you shall not use or disclose such Confidential Information without the prior written consent of OrthoGear and such other User, except where such use of the Confidential Information is used in the course of transactions conducted on and/or through the Services. Notwithstanding termination of these Terms, or termination of your use of or access to the Services, and notwithstanding anything to the contrary in these Terms, the terms set forth in this Section 13 shall survive termination for the period set forth in this Section 13.
14. Disclaimers and Limitations of Liability
A. YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AND PURCHASING EQUIPMENT AT YOUR OWN RISK AND THAT EQUIPMENT AND THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE." ORTHOGEAR MAKES NO WARRANTIES OR GUARANTEES, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ORTHOGEAR EXPRESSLY DISCLAIMS AND EXCLUDES ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE QUALITY, SAFETY, LEGALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, BUYERS OF EQUIPMENT THROUGH THE SERVICES UNDERSTAND THAT, UNLESS EXPLICITLY AGREED TO OTHERWISE BETWEEN THE BUYER AND A SELLER, SELLERS MAKE NO WARRANTIES OR GUARANTEES, AND THE PURCHASE OF EQUIPMENT DOES NOT INCLUDE ANY WARRANTIES OR GUARANTIES OF ANY KIND, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SELLERS EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE QUALITY, SAFETY, LEGALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. ORTHOGEAR IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR EQUIPMENT BOUGHT OR SOLD USING THE SERVICES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSSES, LOSSES OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE.
C. IN CASES WHERE ORTHOGEAR FACILITATES OR HANDLES FUNDS AS PART OF A TRANSACTION, ORTHOGEAR IS NOT RESPONSIBLE FOR THE QUALITY OR CONDITION OF THE EQUIPMENT PURCHASED. USERS AGREE THAT ORTHOGEAR’S INVOLVEMENT IN FINANCIAL TRANSACTIONS DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE OF THE EQUIPMENT'S QUALITY OR SUITABILITY FOR ANY PURPOSE.
D. USERS ARE SOLELY RESPONSIBLE FOR CONDUCTING THEIR OWN DUE DILIGENCE, INCLUDING INSPECTING EQUIPMENT AND ASSESSING ITS SUITABILITY FOR THEIR NEEDS, BEFORE MAKING ANY PURCHASE.
E. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ORTHOGEAR (OR ITS AFFILIATES AND RELATED ENTITIES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PERMITTED SUCCESSORS AND ASSIGNS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNTS YOU PAID TO ORTHOGEAR IN THE 12 MONTHS PRECEDING THE EVENTS GIVING ARISE TO THE CLAIM.
F. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN THE CASE OF A WILLFUL OR GROSSLY NEGLIGENT BREACH OF THESE TERMS BY A SELLER, IN NO EVENT WILL A SELLER OF EQUIPMENT THROUGH THE SERVICES BE LIABLE TO A BUYER OF EQUIPMENT FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNTS PAID BY SUCH BUYER TO SUCH SELLER FOR THE EQUIPMENT.
G. ORTHOGEAR DOES NOT PROVIDE MEDICAL ADVICE OR CERTIFY THAT ANY EQUIPMENT IS FIT FOR PATIENT TREATMENT.
15. Termination
These Terms and your right to access the Services shall remain in effect for so long as you use or have access to the Services, or until earlier terminated by OrthoGear. OrthoGear reserves the right, in its sole and absolute discretion, to suspend or terminate your account and access to the platform and Services, in whole or in part, with or without notice, at any time for any reason or no reason. The following sections will survive the termination of these terms: 2, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, and 20.
16. Changes to Terms
OrthoGear may update these Terms at any time. OrthoGear will make reasonable efforts to provide prior notice to Users of any significant changes. Your continued use of the website, platform, or services after such changes constitutes acceptance of the updated Terms. You should consult these Terms each time you access the website, platform, and services to view any changes. These terms were last modified on the date indicated above.
17. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States of America. Any disputes shall be resolved through arbitration in accordance with the rules of the American Arbitration Association, and the venue for arbitration shall be New York City, New York.
18. Indemnification
Each User agrees to defend and indemnify OrthoGear, its affiliates and related entities, and their respective shareholders, members, directors, officers, employees, agents, representatives, and permitted successors and assigns (collectively, the "OrthoGear Indemnified Parties"), and hold them harmless from and against any and all damages, claims, suits, actions, liabilities, loss, costs, and expenses, including reasonable attorneys' fees (collectively "Claims"), arising out of or alleged to have arisen from any of the following:
Such User's breach under these Terms.
The quality, condition, safety, or other aspects of the Equipment which such User sells or offers for sale through the Services.
Such User's breach of any other agreement entered into under or in connection with this Agreement.
If such User is a Buyer, such User's subsequent sale, use, or handling of the Equipment.
Such User's breach of any law, rule, regulation, or any order of any court or other governmental authority.
Such User's violation of the rights of any third party.
The foregoing indemnity applies to any such claim except to the extent that such Claim is caused by the gross negligence or willful misconduct of OrthoGear.
19. Release
If you have a dispute with one or more other Users, you release OrthoGear (and its affiliates and related entities, and their respective shareholders, members, directors, officers, employees, agents, representatives, and permitted successors and assigns) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
20. Contact Information
For questions or concerns regarding these Terms, please contact OrthoGear at support@myorthogear.com.
CLASS ACTION WAIVER: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT YOU WILL NOT BRING AGAINST ORTHOGEAR OR ANY OF ITS AFFILIATES OR RELATED ENTITIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PERMITTED SUCCESSORS AND ASSIGNS, ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION RELATED TO YOUR ACCESS TO, DEALINGS WITH, OR USE OF OUR SERVICES, AND ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
21. General
a. If you breach these Terms, OrthoGear may suffer irreparable harm, and monetary damages may be inadequate to compensate OrthoGear. Accordingly, OrthoGear may, in addition to any other remedies available, seek injunctive or other equitable relief in response to any such breach. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.
b. You agree to execute and deliver any documents or instruments, and take any further actions that are reasonably required to provide OrthoGear or other party the full benefits and rights described in these terms.
c. You may not assign these Terms or delegate your performance without OrthoGear’s prior written consent, and any attempt to do so is void. OrthoGear may assign or transfer these Terms without your consent. To the extent permitted herein, these Terms are binding upon and inure to the benefit of the parties’ permitted successors and assigns.
d. If any provision of these Terms or portion of a provision is invalid, illegal, or unenforceable, the remainder of these Terms will remain in effect.
e. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
f. Headings contained in these Terms are for convenience only, and do not define or explain any provision. Any use of the term "including" or variations thereof should be construed as if followed by the phrase "without limitation."
g. You hereby grant OrthoGear an unlimited, royalty free, world-wide license to publish and promote any listing, including related content such as username, product reviews and feedback, in any format and through any channel, including across any Services, OrthoGear’s partners, or third party property or advertising medium.
h. YOU HEREBY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL ARISING FROM OR RELATING TO THE EQUIPMENT, THESE TERMS, OR USE OF THE SERVICES.