Effective Date: April 1, 2023
Thank you for visiting our website, which is currently located at https://www.medicalrite.com (our “Site”). This Site is operated by MedicalRite, which is operated by Dealmed Medical Supplies, LLC, which is owned by TH Laennec LLC (“MedicalRite,” “we,” “us,” or “our”). These Terms of Use, including any policies, rules, and other terms that are expressly incorporated herein by reference (collectively, “Terms of Use”), set forth a legally binding agreement between you (“you” or “your”) and MedicalRite. These Terms of Use govern your use of this Site, and your agreement to these Terms of Use is a condition precedent to using this Site. Please read these Terms of Use carefully before proceeding.
ARBITRATION NOTICE: PLEASE BE AWARE THAT SECTION 20 (DISPUTE RESOLUTION) OF THESE TERMS OF USE CONTAINS A BINDING MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO COURT HEARING AND JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 20 (DISPUTE RESOLUTION) CAREFULLY.
- Binding Effect
BY USING THIS SITE, OR BY CLICKING TO ACCEPT THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE.
- Additional Terms
In addition to these Terms of Use, your use or purchase of, or participation in, certain products or services offered on our Site may require you to accept additional terms and conditions (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms of Use by this reference. In the event of any conflict or inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall supersede and control.
- Accessibility
MedicalRite is committed to helping those with disabilities access our Site. We strive to provide an excellent online experience for all our guests – including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of this Site or if you have any feedback regarding accessibility of this Site, please feel free to contact us at cs@medicalrite.com.
- Age Requirements for Use of this Site
You must be at least the age of majority in your state of residence and fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties of these Terms of Use in order to access this Site and purchase services and/or products from us. Individuals under the age of majority are not eligible to use this Site and may not submit any personal information to us. By using this Site, or by clicking to accept these Terms of Use when this option is made available to you, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms of Use, and that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
- Modification to these Terms of Use
We will post a notification on this Site in the event of any material changes to these Terms of Use. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms of Use periodically for changes. Your continued use of this Site following our posting of any changes to these Terms of Use means that you accept and agree to those changes.
Creating and Accessing Your Account
In order to access certain information or services on our Site, you may be required to create an account and provide certain personal information such as your name and email address.
You must treat your account information (including, without limitation, your username, password and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to be responsible for any use of this Site or portions of it (including, without limitation, for all orders placed and for all activities that occur) using your username, password, or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password or other personal information.
You may disable your account at any time by contacting us at cs@medicalrite.com. Additionally, we may, in our sole and absolute discretion, disable, suspend or terminate your account at any time, with or without notice, and for any reason, including, but not limited to, if you breach these Terms of Use. Upon disabling your account, we may retain your data in accordance with our Privacy Policy . Even if your account is disabled, suspended or terminated, be aware that you will continue to be bound by these Terms of Use.
- Restrictions on Use
Solely for Personal Use
You may browse this Site and all associated content solely for your personal use and enjoyment. This Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access
To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.
You agree not to use any device, software, or routine to interfere with the proper functioning of this Site. In accessing or using this Site you may not:
- Transmit any unlawful, threatening, abusive, libelous, defamatory, discriminatory, obscene, vulgar, pornographic (including, but not limited to, child pornography), profane, obscene, lewd, lascivious, filthy, vile or indecent information of any kind, including images and language;
- Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
- Transmit a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail;
- Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
- Transmit any information, software, or other material that contains a virus or other harmful component;
- Use any software, tool, data, device, or other mechanism to navigate or search this Site, other than generally available browsers or a search engine provided by us;
- Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute any information or content available on this Site;
- Frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
- Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
- Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- Violating security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
- Using this Site to send unsolicited e-mail, promotions, "junk mail," "spam," "chain letters," "pyramid schemes," or advertisements;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
- User Covenants
By accessing or using our Site and/or using any of the products or services offered on our Site, you agree to, acknowledge, and represent as follows:
- You will comply with all applicable laws in using the Site, including any products and/or services made available to you on or through the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law. You agree to comply with all laws and regulations regarding online conduct and acceptable content and regarding the transmission of technical data exported from the United States or the country from which you access the Site and the products and/or services provided on the Site.
- You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.
- Copyrights, Trademarks, and Other Proprietary Rights
When accessing and using this Site, including, without limitation, any products or services made available on the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any Product Review (as defined below) that you provide or transmit to us.
As between you and us, all content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback or testimonials you provide to us relating to the Site, or the services provided on the Site, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
All trademarks, trade names, trade dress, logos, service marks, and other branding indicia (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site or these Terms of Use serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing copyrighted material or by accessing or using the Site.
We may provide specific opportunities for you to tell us and other users what you think about our products or other services made available on our Site (“Product Reviews”). If you elect to provide a Product Review, you understand and agree that you shall state your opinions lawfully, honestly and in good faith and reveal to others any conflict of interest or relationship that might influence your views, if applicable. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display your Product Reviews, without payment, royalties, or other consideration to you, in connection with (i) the operation of the Site, and (ii) for our business purposes, including, without limitation, promotion, advertising, or marketing of MedicalRite, in any form, medium or technology now known or later developed (including, without limitation, on any of our social media accounts). All Product Reviews are strictly the opinion of the user posting such Product Review, and we do not endorse or approve any such Product Reviews, nor do we have any responsibility or liability for the accuracy, appropriateness or content of such Product Reviews.
- Third-Party Sites
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us, that may be located in different countries and that may be subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the content, products or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites or participating retailers through our Site does not constitute an endorsement by us or any of our subsidiaries or affiliates of any such Third-Party Sites or retailers, or the content, products or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding such Third-Party Sites or retailers should be directed to the applicable third party.
While we may provide links and locations of participating retailers and vendors (e.g., drop ship vendors) who sell products or services online, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).
If we provide links to social media platforms (e.g., Facebook, Instagram or Twitter), and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit, or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any content or information made available on such social media platforms and we are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available on such social media platforms.
We will not be liable if, for any reason, all or part of this Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, including, without limitation, the products and services made available on the Site, (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, product and service availability, product promotion, pricing information, service and product descriptions, or product shipping charges and transit times. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order). Your sole remedy in the event of any such cancelled order due to error is to (if applicable) obtain a refund.
- Purchases
Products offered on the Site are offered subject to availability. All products should be used strictly in accordance with any applicable instructions, precautions and guidelines. Products offered on our Site, including, without limitation, all descriptions, images, references, features, content, specifications, products, promotions, and prices thereof, are subject to change at any time, without notice. Without limiting the generality of the foregoing, we reserve the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any products or other services made available on our Site; (ii) bar any Site visitor from making or completing any or all transaction(s) on our Site; and/or (iii) refuse to provide any Site visitor with any product or other services made available on our Site. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders arising from such occurrences.
Furthermore, we reserve the right to change, limit, refuse, or cancel any order you place with us at our sole discretion. If we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made.
Coupons/Discount Codes
Use is limited to one (1) time per coupon and/or discount code per customer and subject to the terms and conditions of the applicable coupon and/or discount code. Discounts will be applied at checkout. Online offers have no cash value and are not redeemable for cash. Coupons and discount codes are not valid on previous purchases or when combined with other promotional offers. If you use a coupon and/or discount code on an order that is eligible for automatic re-ordering, such coupon and/or discount code will apply only to your initial order.
Payment Terms
In order to purchase any products made available through the Site, you may be asked to supply certain information relevant to that transaction including, without limitation, your credit card number and its expiration date, your billing address, and your shipping information. By submitting such information, you grant us and our affiliates the right to provide such information to third parties to facilitate the completion of the transaction. In addition, we (or a third-party service provider) may need to verify your payment information prior to the acknowledgment or completion of any such transaction.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. By entering into any transaction through this Site, you are entering into a binding contract with us and you represent, warrant, and covenant that: (i) you will pay all charges incurred by you at the posted price(s) in effect at the time of your order, including, without limitation, all shipping and handling charges and all taxes that may be applicable to your transaction, (ii) all information you provide is true, complete and correct (including, without limitation, your credit card information and billing address), (iii) any credit card transactions submitted by you are authorized, (iv) charges incurred by you will be honored by your credit card company, (v) you are the legal holder of any credit card or payment account used to enter into any transaction through this Site, and (vi) you are not buying products from this Site for resale or export.
If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorized, (c) your means of payment cannot be processed or verified at the time of any charge, (d) a charge is disputed for any reason other than failure by us to deliver product(s) purchased by you, (e) you have abused or misused promotions or promotion codes, as applicable, or (f) you have otherwise used this Site to enter into an improper transaction, then we reserve the right to immediately terminate any pending transactions, suspend or terminate your access to all or any portion of this Site, and/or terminate all of our obligations hereunder.
Payment Options
Please visit our Payment Options page for our payment options policy.
Shipments; Delivery
Please visit our Shipping & Delivery page for our shipping policy.
Automatic Re-Ordering
For certain products we offer an automatic re-ordering option, which allows you to automatically re-order a certain order of products (the “Order”) and have such Order automatically re-ordered for you on an interval basis (e.g., daily, weekly, or monthly intervals) of your choosing (each, an “Interval”) (e.g., you can choose for your Order to be automatically re-ordered every month).
If you select this automatic re-ordering option, once your initial Order payment is processed, effective as of that date (the “Start Date”), your Order will be automatically re-ordered for you at your selected Interval, until cancelled in accordance with these Terms of Use.
You will be charged the rate stated at the time your Order is re-ordered via the payment method you have provided for the initial Order. Prices and terms for products may change at any time. In the event that prices and/or terms for your Order are subject to update and/or change subsequent to the Start Date, we will provide you with reasonable notice of any such updates or changes in prices or terms before they become effective. If you do not want to continue automatic re-ordering of such Order under such new or modified prices or terms, you may cancel your automatic re-ordering as described herein.
You are solely responsible for ensuring that your billing and payment information is correct to prevent your automatic re-ordering from being cancelled. If your payment method cannot be charged for any reason (such as expiration or insufficient funds), and you have not cancelled your automatic re-ordering, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the billing date of your next automatic re-ordering. In addition, we reserve the right to cancel your automatic re-ordering if your payment method cannot be successfully charged.
You may cancel automatic re-ordering at any time, provided that you shall not be entitled to, nor receive a refund of any kind for, any Orders that have already been processed prior to such cancellation. To cancel automatic re-ordering of an Order, please visit your account page or contact us by e-mailing us at cs@medicalrite.com or calling us at (800) 519-9699.
Returns
Please visit our Returns & Exchanges page for our returns and exchange policy.
Warranty Repairs
Please visit our Warranty Repairs page for our warranty repairs policy.
Questions
If you have any questions or concerns with your order, please e-mail us at cs@medicalrite.com or call us at (800) 519-9699.
- Disclaimers
Medical Disclaimers
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ITEM DESCRIPTIONS, ARTICLES, NEWSLETTERS, BLOGS AND NEWS MADE AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR PREVENTION OF ANY DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER OR PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR PRODUCT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
IF YOU THINK YOU OR YOUR FAMILY MEMBER(S) MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR AND/OR 911 IMMEDIATELY. WE DO NOT ENDORSE OR RECOMMEND ANY SPECIFIC PRODUCTS, OPINIONS, PHYSICIANS, TESTS, PROCEDURES, OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, ARTICLES, NEWSLETTERS, BLOGS, AND NEWS THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON THE SITE OR THE INFORMATION, SERVICES AND/OR PRODUCTS MADE AVAILABLE THEREIN IS SOLELY AT YOUR OWN RISK.
General Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE, IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY US IN WRITING, THIS SITE, INCLUDING THE PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE ON AND THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY US IN WRITING,, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WE MAKE NO WARRANTY THAT THE SITE, INCLUDING, THE PRODUCTS, SERVICES AND, INFORMATION MADE AVAILABLE ON AND THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, VIRUS-FREE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR SUCH PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SUCH PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE OR SUCH PRODUCTS, SERVICES, OR INFORMATION WILL BE CORRECTED. WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, COMPLETENESS, OR EFFICACY OF THE INFORMATION CONTAINED ON THIS SITE OR ON ANY THIRD-PARTY SITES. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SITE OR SUCH PRODUCTS OR SERVICES, AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION, AND WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SUCH PRODUCTS OR SERVICES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY US IN WRITING, YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR SUCH PRODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE TO YOU ON THE SITE IS TO STOP USING THE SITE OR SUCH PRODUCTS OR SERVICES, AS APPLICABLE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON THE LENGTH OR SCOPE OF AN IMPLIED WARRANTY OR THE EXCLUSION OF CERTAIN WARRANTIES, ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY FULLY TO YOU.
FOR PRODUCTS MADE AVAILABLE ON OUR SITE, ONLY:
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE AND EXCLUSIVE LIABILITY, FOR ANY CLAIMS RELATING TO ANY PRODUCTS MADE AVAILABLE ON OUR SITE SHALL BE YOUR RIGHT TO HAVE THE PRODUCT EXCHANGED, REFUNDED, REPAIRED OR REPLACED AS SET FORTH IN, AND SUBJECT TO, THE APPLICABLE POLICIES SET FORTH IN SECTION 13 (PURCHASES) ABOVE.
IN NO EVENT SHALL WE, OUR AFFILIATES, AND LICENSORS, AND ALL OF OUR RESPECTIVE SERVICE PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS, SUPPLIERS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, ACTUAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (NEGLIGENCE), OR OTHERWISE, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
FOR ALL OTHER CLAIMS IN CONNECTION WITH OUR SITE (EXCLUDING PRODUCTS MADE AVAILABLE ON OUR SITE):
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, OR MANAGERS BE LIABLE FOR ANY DIRECT, ACTUAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, OR ANY SERVICES, SOFTWARE OR INFORMATION MADE AVAILABLE ON THE SITE; (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE IMPROPER AUTHORIZATION FOR THE USE OF AND/OR INFORMATION OR SERVICES OFFERED ON THE SITE BY SOMEONE CLAIMING SUCH AUTHORITY; OR (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF US AND OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS OF USE REMAIN IN FULL FORCE AND EFFECT.
You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, representatives, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations, judgements, and proceedings (including, without limitation, any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation of these Terms of Use or other documents incorporated herein by reference; (ii) your use of the Site, and/or any products or services made available on the Site; (iii) your violation of applicable law; (iv) your violation of another person’s rights; or (v) your dispute with another user of our Site. This indemnification obligation will continue after you stop using the Site and/or our products or services made available on the Site.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any such matter without our prior written consent.
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site and/or purchase of products and services through this Site. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of these Terms of Use by this reference. You must agree to the Privacy Policy in order to use the Site.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
We may send you responses or notices by e-mail, posting to this Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms of Use and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of New York to apply.
Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of any products and/or services made available on our Site) must be commenced within one (1) year after the claim or cause of action arises.
Any dispute relating in any way to your visit to, or use of, this Site shall be submitted to confidential arbitration in Brooklyn, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the non-prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses.. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
The division of these Terms of Use into sections and the headings of the various sections in these Terms of Use are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms of Use. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties hereto nor trade practice shall act to modify any of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You may not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. There shall be no third-party beneficiaries to these Terms of Use. Any provision of these Terms of Use that contemplates performance or observance subsequent to any expiration or termination of these Terms of Use, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms of Use and continue in full force and effect. If any provision of these Terms of Use shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with our Privacy Policy and all other documents incorporated herein by reference, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
This Site, and the content, services, products and incentives we may provide from time to time on and through the Site are intended to comply with U.S. state and federal laws and regulations. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you are a non-U.S.-based user, be advised that other countries may have laws or regulatory requirements that differ from those in the U.S. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms of Use remain in full force and effect.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions or comments regarding these Terms of Use, our Privacy Policy, or this Site, please feel free to contact us by e-mail at cs@medicalrite.com.