TERMS AND CONDITIONS

LAST UPDATED: MAY 26, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.ProKnee.com website and/or any of the ProKnee social media channels such as ProKnee.Treadman on Facebook, ProKnee on Instagram or Mr.ProKnee on YouTube (the "Service") operated by ProKnee Corp ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

You're likely here because we've requested to share your photo across our online marketing channels. We love to see how our customers are using ProKnee in their daily lives, and wish to gather examples of the most distinctive, creative and elegant presentations of our product. We regularly reach out to customers to request additional rights to reproduce images on our website, social media sites, email marketing and print advertising. Whenever possible, we also include your handle or byline. Thank you for considering sharing your photo or video!

By responding to our request with the hashtag #RepostMeProKnee you are agreeing to the following:

As between you and us, you own all content and information you post or share using the Service, such as posting or sharing comments, photos, and videos. 

You give ProKnee Corp. permission to use your User Content as follows: you grant to us a license to reproduce, display, perform, distribute, modify, and otherwise use your User Content in connection with the Service and for other marketing purposes, including without limitation in our email, website, social media sites and other customer communications, as well as with our partners. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote our products. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You promise that:
• You own all rights to your User Content or, alternatively, that you have the right to give ProKnee Corp. the rights described above;
• You have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
• Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from our Service for any reason.

If you have any questions about these Terms & Conditions on User Content & Material, please feel free to email us at: Info@ProKnee.com

Having the correct size is crucial to receiving all the benefits ProKnee Custom Fit Kneepads have to offer.

If you determine you have the wrong size:

   - Please DO NOT WEAR the kneepads. There will be a 30% restocking fee if the kneepads are used.

   - Please DO NOT ADJUST the kneepads, as this will VOID the warranty and a restocking fee could apply.

Establish what size you need by using the guide provided in the box with your kneepads.

Call ProKnee at 1-800-549-5018 to request your correct size. We will give you a Return Authorization number.

Write this RA number on the outside of your shipping box. You are responsible to ship your kneepads to us, at your cost.

After ProKnee receives your kneepads, we will ship the corrected size back to you, with no additional shipping charges.

ProKnee Warranty Policy is for a one year period from date of purchase.

Warranty covers plastic frames and buckles against breakage, Foam Inserts against loosing its compression set (if Inserts/cushions feel flat) and Inserts separating from frames (slight tearing of cushion where attached to frames is considered normal and excluded from warranty).

If you have a warranty issue:

Please contact us at 1-800-549-5018 to obtain a Return Authorization Number. Please note proof of purchase is required.

Write this RA number on the outside of your shipping box. You are responsible to ship your kneepads to us, at your cost.

After ProKnee receives your kneepads, we will either fix or replace any parts that are covered under the warranty and will ship the kneepads back to you, with no additional shipping charges.

We offer a 30 Day Customer Satisfaction Money Back Guarantee!

If not completely satisfied for any reason, within a 30 day period from date of purchase, all ProKnee Kneepads can be returned for a full refund of purchase price, excluding shipping/handling charges.

All other products may also be returned within a 30 Day period, provided they have not been used in any way and show no signs of wear.

If you would like to return your ProKnee product for a full refund of the product cost, please see your place of purchase. There will be a 30% restocking fee for used/worn kneepads and/or ProKnee products.

For all exchanges/returns the customer is responsible for shipping the item(s) back to ProKnee, at their cost. It is recommended you insure the package and reserve the right to track package if necessary. You may choose which package carrier to use.

Packages should be shipped to:

ProKnee Corporation
116 Augusta Road
Whitefield, ME 04353

Don’t forget to always include the Return Authorization (RA) Number on the outside of the package to help limit delays in processing.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to lerichards@proknee.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest

• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work

• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located

• Your address, telephone number, and email address

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

You can contact our Copyright Agent via email at lerichards@proknee.com.

The Service and its original content, features and functionality are and will remain the exclusive property of ProKnee Corp and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ProKnee Corp.

Our Service may contain links to third party web sites or services that are not owned or controlled by ProKnee Corp.

ProKnee Corp has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ProKnee Corp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to defend, indemnify and hold harmless ProKnee Corp and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

In no event shall ProKnee Corp, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ProKnee Corp, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

These Terms shall be governed and construed in accordance with the laws of Maine, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision to material is made, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

If you have any questions about these Terms, please contact us:

• By email: info@proknee.com

• By visiting this page on our website: https://www.proknee.com/contact-us

• By phone: 877-776-5633

• By mail: PROKNEE CORP, 137 Devine Rd, Whitefield, Maine 04353