Terms of service

By accessing, browsing, or using palmbayortho.com (the “Website”) or purchasing products from us, you (“User” or “Customer”) agree to be bound by these Terms of Service (the “Terms”). These Terms govern your relationship with palmbayortho.com, and we reserve the right to update or modify them at any time. Updated Terms will be posted on this page with a revised “Last Updated” date, and your continued use of the Website after changes take effect constitutes acceptance of the updated Terms.

6.1 Eligibility to Use the Website

To use the Website or make a purchase, you must:

Be at least 13 years old. Minors under 18 must have the consent of a parent or legal guardian to create an account or complete a purchase, and the guardian assumes responsibility for all activities under the minor’s account.

Have the legal capacity to enter into a binding contract (e.g., not under a court-ordered guardianship that restricts financial transactions).

Provide accurate, complete, and current information when creating an account (if applicable) or placing an order — falsified information may result in order cancellation or account termination.

Reside in the United States (as we only ship to U.S. addresses, per our Shipping Policy).

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we reasonably believe you violate these eligibility requirements.

6.2 Account Responsibilities (If Applicable)

If you create a user account on the Website, you are responsible for:

Maintaining the confidentiality of your account username, password, and any other login credentials. Do not share these details with third parties.

Restricting access to your account (e.g., logging out after using a shared device) to prevent unauthorized use.

Notifying us immediately at seamlessserver999@gmail.com if you suspect any unauthorized access to or activity on your account (e.g., unrecognized orders, password changes).

Updating your account information (e.g., shipping address, email, payment method) promptly if it changes — outdated information may lead to delivery errors or payment failures for which we are not liable.

palmbayortho.com will not be held responsible for any losses, damages, or unauthorized charges resulting from your failure to comply with these account responsibilities.

6.3 Product Information & Order Terms

Accuracy of Product Details: We strive to provide accurate information about our clothing, including descriptions (e.g., fabric content, fit type), images, sizes, and colors. However, we do not warrant that all content is error-free: minor discrepancies may occur (e.g., color variations due to device screen settings, slight measurement differences in handmade items). If a product’s actual details differ materially from what is listed (e.g., a “cotton shirt” is actually polyester), your sole remedy is to return the item in accordance with our Return Policy.

Pricing: All prices on the Website are in U.S. Dollars (USD) and include applicable sales tax (calculated based on your shipping address) unless stated otherwise. We reserve the right to adjust prices at any time without prior notice, but price changes will not apply to orders for which we have already sent an order confirmation email.

Order Submission & Acceptance: When you place an order, you submit a binding offer to purchase the selected products. We may accept or reject this offer for any reason, including but not limited to: product unavailability, pricing errors, suspected fraud, or incomplete order information. We will confirm acceptance by sending a formal “Order Confirmation” email — until this email is sent, no contract exists between you and palmbayortho.com.

Order Modifications/Cancellations: You may request to modify or cancel an order only if it has not yet been processed (typically within 12 hours of placement). To do so, email us with your order number and specific request. Once an order is marked “processed” or “shipped,” modifications or cancellations are no longer possible — you must follow our Return Policy to return the item(s) after delivery.

6.4 Prohibited Uses of the Website

You agree not to use the Website for any unlawful, fraudulent, or unauthorized purpose, including but not limited to:

Unauthorized Access: Attempting to access restricted areas of the Website (e.g., admin dashboards, customer databases) or using automated tools (bots, scrapers, crawlers) to collect, extract, or copy content (e.g., product images, size guides) without our prior written permission.

Harmful Activity: Uploading, transmitting, or distributing viruses, malware, or other malicious code that could damage the Website, our systems, or other users’ devices.

Misrepresentation: Impersonating another person or entity (e.g., creating an account with someone else’s name/email) or providing false information (e.g., a fake shipping address) to defraud palmbayortho.com or avoid payment.

Infringement: Using the Website to share or sell content that infringes on third-party intellectual property rights (e.g., counterfeit versions of our clothing, copyrighted photos of our products).

Abuse of Support: Submitting repetitive, frivolous, or harassing requests to our customer support team (e.g., multiple identical emails about a non-urgent fit question) or threatening/abusive language in communications.

Violation of these prohibited uses may result in immediate account termination, blockage of your IP address, or legal action (including pursuit of damages for any losses we incur).

6.5 Intellectual Property Rights

All content on the Website — including but not limited to product designs, images, logos, text (size guides, care instructions), brand names (“palmbayortho.com”), and software (the Website’s functionality) — is owned exclusively by palmbayortho.com or our licensors (e.g., fabric suppliers, independent designers). You may not:

Reproduce, copy, or distribute any of this intellectual property for commercial use (e.g., selling prints of our product photos, using our logo on a competing clothing line).

Modify, adapt, or create derivative works based on our intellectual property (e.g., altering a shirt design image to sell a custom version without permission).

Use our intellectual property to mislead consumers (e.g., implying a third-party product is “approved by” or “affiliated with” palmbayortho.com).

We grant you a limited, non-transferable license to access and use the Website for personal, non-commercial purposes only (e.g., browsing products, placing orders for your own use). This license terminates automatically if you violate these Terms.

6.6 Limitation of Liability

To the maximum extent permitted by applicable U.S. law (including state consumer protection laws like California’s Consumer Legal Remedies Act):

Indirect Damages: palmbayortho.com shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or purchase of our products. This includes (but is not limited to) loss of use of the product, missed events (e.g., a delayed dress for a wedding), loss of profits, or damage to reputation.

Direct Damages Cap: Our total liability for direct damages (e.g., a defective shirt that tears, an incorrect size shipped) shall not exceed the total amount you paid for the specific product(s) that caused the damage. For example, if you paid

$45 f or a d e f ec t i v e p ai ro f j e an s, o u r ma x im u m l iabi l i t y i s$

45.

Exceptions: This limitation does not apply to damages caused by our gross negligence (e.g., intentionally shipping a damaged item knowing it’s defective) or willful misconduct (e.g., fraudulently advertising a product we know is out of stock).

6.7 Indemnification

You agree to indemnify, defend, and hold harmless palmbayortho.com, our employees, directors, suppliers, and partners from and against any claims, losses, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from:

Your violation of these Terms or any applicable laws (e.g., using stolen credit card information to purchase clothing).

Your misuse of the Website (e.g., uploading malware that disrupts our systems).

Harm caused to third parties by your actions (e.g., a gift recipient claiming injury from a defective zipper on a jacket you purchased).

This indemnification obligation survives the termination of these Terms and your use of the Website.

6.8 Governing Law & Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to its conflict of laws principles. This means any legal disputes related to the Website or our products will be interpreted under Florida law.

Dispute Resolution: Before initiating any legal action, you agree to attempt to resolve disputes with us through good-faith negotiation. To start negotiations, send a written notice to seamlessserver999@gmail.com describing the dispute, your contact information, and the relief you seek. We will respond within 15 business days to schedule a discussion.

Legal Action: If negotiation fails, you may file a lawsuit only in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction of these courts and waive any right to challenge venue or jurisdiction.

6.9 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent of the parties.

6.10 Entire Agreement

These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, and any other policies referenced on the Website, constitute the entire agreemen