Terms and Conditions
Terms and Conditions:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Living Spinal. The collective work includes works that are licensed to Living Spinal. Copyright 2003, Living Spinal ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Living Spinal or purchasing Living Spinal products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Living Spinal or to purchase Living Spinal products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Living Spinal. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Living Spinal used in the site are trademarks or registered trademarks of Living Spinal
This site and the materials and products on this site are provided "as is" and without warranties of any kind from Living Spinal, whether express or implied. To the fullest extent permissible pursuant to applicable law, Living Spinal disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Living Spinal does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Living Spinal does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Warranties, if any, that apply to products sold are provided and fulfilled by the manufacturers of said products.
Limitation of Liability:
Living Spinal shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Living Spinal has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Living Spinal product is mistakenly listed at an incorrect price, Living Spinal reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Living Spinal reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Living Spinal shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Living Spinal without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Living Spinal may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Living Spinal.
Your use of this site shall be governed in all respects by the laws of the state of Wisconsin, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Living Spinal products) shall be in the state or federal courts located in Outigamie county, Wisconsin USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Living Spinal products) must be commenced within one (1) year after the claim or cause of action arises. Living Spinal's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Living Spinal may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Living Spinal or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Living Spinal does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Living Spinal is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Living Spinal reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Living Spinal in its sole discretion.
You agree to indemnify, defend, and hold harmless Living Spinal, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Living Spinal may link to sites operated by third parties. However, even if the third party is affiliated with Living Spinal, Living Spinal has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Living Spinal. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Living Spinal seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Shipping charges are subject to change. International shipping fees may be applied to any/all international shipping orders. Call living spinal at (619) 810-0010 for a shipping quote. If you do not call for a quote before placng your order,Living Spinal will email you a shipping quote for your approval prior to processing your order.
Seated self balanceing device Agreements:
None of the seated self balanceing devices with a segway sold on WWW.livingspinal.com are approved medical device by any United States regulatory agency. Although it can facilitate mobility for people of
varying abilities, if not used with caution it can cause injury and even possible death. Users assume all liability for damages, injuries and loss and
cannot hold Living SPinal LLC, any manufacturer of the products or Segway, Inc. liable for any accidents resulting in the use of the Segway Personal Transporter with or without a seated self balanceing device.
All seated self balanceing devices are just an extension of the Segway PT, it is recommended that you read and follow all of the safety procedures
and recommendations issued by Segway , Inc. for operation at the website http://www.segwaysafety.com/ in addition to the following guidelines.
The user must:
• Be able to stabilize the Segway while mounting and dismounting.
• Have the mental capacity to navigate and evaluate dangerous situations.
• Be able to lean forward and backward independently.
• Be able to press right and left against the steering.
• Be able to independently stay on the seat of the Freedom GlidR while in motion.
• Not weigh at least 100 lbs and not exceed 240 lbs.
• Be at least 16 years of age. Minors must have parental permission.
• Be able to dismount quickly in the case of an emergency shutdown (approx. 10 seconds.)
• Be able to perform all of the operating procedures as described below in detail.
Mounting/Dismounting: The Segway must be turned on prior to mounting and turned off after dismounting. Any user must, by his/her own power or with an assistant, be able to mount the Segway while stabilizing it. The Segway can be powered on or off with the detachable controller. However, in addition, before it completes its startup, the user has to be able to touch or step somewhere on the foot pads of the Segway. When finished with the ride, the user must secure his/herself by placing a foot on the ground or hold on to a solid surface as he/she dismounts and then powers down the Segway by pushing the power button on the detachable controller.
Moving and Steering: Propelling the Segway is done by leaning forward or backward. Steering consists of pushing the steering column right or left. The user must have sufficient upper body strength to perform both of these functions. The amount of pressure needed to turn is similar to the amount needed to turn the power steering of a car a quarter turn.
Staying on the Seat: The Segway PT can travel at speeds of up to 12.5 miles per hour. Users need to have enough strength to stay on the seat while traveling at high speeds and turning quickly.
Handling Various Terrains: The Segway PT can travel over a wide variety of surfaces. The user must be able to maneuver and shift weight by leaning in various positions in order to safely traverse different surfaces.
Safety/ Emergency Shutdown: In cases of low battery, software failures, or other Segway faults, the user must be able to quickly dismount. The Segway will give a 10 second warning alarm before shutting down. The user must be able to safely come to a stop and dismount in this timeframe.
Medical Conditions: In any case of concern of health or strength, it is required that the user consult a physician before using the Segway and any of our seated self balanceing devices with a segway. None of our seated self balanceing devices with a Segway Personal Transporter are approved medical or mobility devices.
By purchasing the any of our seated self balanceing devices with a segway , you agreed that you have read, understand and meet the Safety Disclosures, User Requirements and Liability Waiver for any of our seated self balanceing devices with a segway and have reviewed the safety guidelines published by Segway, Inc. for the Segway Personal Transporter. You operate the Segway Personal Transporter and any of our seated self balanceing devices with a segway Seat at your own risk and understand that the product manufacturers and or Living Spinal LLC cannot be held liable for any injuries, accidents or damages resulting from use.
Fitment and Compatibility Liability Waiver
It is the sole responsibility of the customer and/or purchaser to determine product fitment, compatibility, and physical/mental qualification to use all products sold by Living Spinal.
Living Spinal will not make exception to regular shipping or return policies due to issues after delivery concerning the following:
- Ability of the customer to use a product, concerning their specific health and ability level
- Fitment of the product to other equipment that they own or their current situation
- Compatibility of the product with other products that they have or their current situation
Please see the Shipping/Returns page for more details