Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Unlimited Tomorrow Inc. (“Unlimited Tomorrow Inc.”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the unlimitedtomorrow.com website and any of its products or services (collectively, “Website” or “Services”).

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Unlimited Tomorrow Inc. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Unlimited Tomorrow Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Unlimited Tomorrow Inc. All trademarks, service marks, graphics and logos used in connection with the Website or Services, are trademarks or registered trademarks of Unlimited Tomorrow Inc. or Unlimited Tomorrow Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Unlimited Tomorrow Inc. or third party trademarks.

2-Year Warranty

Unlimited Tomorrow warrants TrueLimb™ to be free of all defects in material and workmanship for a period of two (2) calendar years upon device delivery. This warranty extends to the original user and guarantees against any manufacturing defects or defects with the prosthetic which arise out of normal use. Please note that all of Unlimited Tomorrow’s prosthetics have load limitations outlined in the instruction manual.

If there is a problem with TrueLimb, please first carefully read through the manual in case any issues are addressed. Upon discovery of any defect, malfunction, or nonconformity in the Covered Product that is not addressed in the user manual, the user should request support by emailing Support@UnlimitedTomorrow.com. The warranty does not apply to any components that have been subject to misuse unless otherwise permitted in the user manual or given written permission from Unlimited Tomorrow. Unlimited Tomorrow will service or repair the covered product to conform to the applicable warranty.

TrueLimb should not be exposed to:

Liquids or wet environments
Temperatures in excess of 110℉ (43℃)
Temperatures below 0℉ (-18℃) when in use or 32℉ (0℃) when charging
Excessive dust, vibration, shock, or electromagnetic fields
Environments containing flammable gasses
Charging using non-approved adaptors or cables
TrueLimb should not be used when:

Handling loads higher than those described as limits in the manual
Performing activities in which failure of the device could lead to injury to self or others
It is illegal to do so under local regulations
TrueLimb should only be repaired, upgraded, or maintained by trained Unlimited Tomorrow technicians unless explicit permission from Unlimited Tomorrow is given, such as for cleaning and other tasks described in this manual.

If TrueLimb emits any excess heat, smoke, odor, or light, immediately remove the device and place it in a safe area free of flammable materials, observing the device for at least 30 minutes after these indicators have disappeared. Immediately contact Unlimited Tomorrow if this occurs.

TrueLimb contains lithium batteries and should not be introduced to regular recycling or waste disposal streams. Please contact Unlimited Tomorrow for information on how to properly dispose of TrueLimb.

Acceptance of Terms and Non-Medical Services Attestation

I acknowledge that I have read this Agreement and consent to the use of my electronic signature and agree to all its terms and conditions and by using the Website or its Services, I agree to be bound by this Agreement. I further acknowledge and understand that my receipt of, or consultation regarding a TrueLimb device, is not being provided to me or prescribed by a licensed physician, nor am I seeking such medical services or treatments.

Analytics Collection and Usage

Unlimited Tomorrow collects data on the functionality and usage of the TrueLimb, including firmware revision number, up time, sensor site activation, grip type and number, and error codes, for the purposes of providing software updates, remote troubleshooting, and to improve or enhance Unlimited Tomorrow’s products and services. Data may be analyzed individually or in aggregate to observe trends across users or to develop improved control algorithms.

This data will be collected via Bluetooth or OTA connection when the device is charging and has access to WiFi or cellular data. Data will be stored securely in password-protected folders only accessible by Unlimited Tomorrow employees and paid consultants and identified only by user ID number. If data is presented externally, it will only be in aggregate and never associated with identifying information.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Unlimited Tomorrow Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Unlimited Tomorrow Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Unlimited Tomorrow Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Unlimited Tomorrow Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New York, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to support@unlimitedtomorrow.com

This document was last updated on June 8, 2022.