| Terms and Conditions of Use |
| Welcome to the MED-PASS web site ("Site"). |
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NOTICE: PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using this Site, you consent and agree to these terms of use, conditions and all applicable laws. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. |
| PRIVACY: You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by MED-PASS in accordance with the terms of and for the purposes set forth in our Privacy Policy. |
| GENERAL: The terms that govern your use of this Site may be changed periodically. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. Periodically, we may change, move or delete portions of, or may add to, this Site. |
| CONDUCT: In using this Site, you agree to not download (other than page caching) or modify them or any portion of them, except with express written consent of MED-PASS. You are prohibited from any resale or commercial use of this Site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MED-PASS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MED-PASS and our business affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MED-PASS’ name or trademarks without the express written consent of MED-PASS. You shall be solely liable for any damages resulting from any infringement or copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Site. Unless otherwise specified, this Site is for your personal and noncommercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of this Site solely for your own noncommercial use, or to place an order with MED-PASS. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of MED-PASS is strictly prohibited. |
| Rules of Conduct: While using any of this Site you will comply with all applicable laws, rules, and regulations. In addition, MED-PASS expects the users of this Site to respect the rights and dignity of others, and use of this Site and Services are conditioned on the following Rules of Conduct. You will not:
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| REGISTRATION: You are not required to register to access this Site. However, certain features and services are offered that require registration. We may refuse to grant you, and you may not use, a password or email address that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion. In consideration of your use of this Site, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of this Site. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to this Site to any third party. You are fully responsible for all activities that occur under your password, including without limitation purchases. You agree to immediately notify MED-PASS of any unauthorized use of your password or any other breach of security. MED-PASS is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations. |
| COPYRIGHT and TRADEMARKS: Unless otherwise noted, all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MED-PASS, Inc. collectively, and/or its trade partners. The Site as a whole is protected by U.S. and international copyright. You acknowledge that all data developed and/or collected by MED-PASS in connection with the operation of this Site shall be the exclusive property of MED-PASS. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any Contents found on this Site. Nothing on this Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on this Site, without the prior written permission of MED-PASS. Any rights not expressly granted herein are reserved. |
| MED-PASS’ COMMUNICATIONS TO YOU: You agree that MED-PASS may contact you via electronic mail, phone or fax in response to your inquiries, product preview requests, sample requests or for the purpose of clarifying information pertinent to orders you place. By choosing the option of receiving new product updates via electronic mail as provided on this Site, you agree that MED-PASS may send electronic mail to you for the purpose of advising you of any such changes or additions to the Site, about any related MED-PASS products or services, or related industry news consistent with new product update information until you choose, as is provided for on the Site, to discontinue such service. |
| PRICES and PAYMENT: The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. You will pay all charges incurred for purchases made in connection with your user name or account at the price(s) in effect when such charges are incurred. You will also pay all applicable taxes resulting from your purchases. All payments may be made by credit card. If a product’s correct price is lower than our stated price, you will be charged the lower price and the order will be shipped. If a product’s correct price is higher than the stated price, we will contact you prior to shipping the order at which time you may approve or cancel the order. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your med-pass.com purchase, contact MED-PASS customer service at 800-438-8884. Please see our Return Policy. |
| IMAGE INTEGRITY: We have made every effort to display as accurately as possible the images including colors of our products that appear on the Site. However, as the actual images you see will depend on your monitor, we cannot guarantee that your monitor's display of any image will be accurate. |
| LINKS TO OTHER WEB SITES AND SERVICES: This Site may contain links to other Internet sites on the World Wide Web. MED-PASS provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that MED-PASS approves, or endorses or recommends that site. MED-PASS disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk. |
| DISCLAIMER: Although MED-PASS uses reasonable efforts to include accurate and up-to-date information on this Site, MED-PASS makes no warranties or representations about the accuracy or completeness of this Site’s content. THIS SITE AND ALL CONTENTS, INFORMATION, SERVICES AND PRODUCTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MED-PASS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. MED-PASS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR (vi) THE WEBSITE OR THE SERVICES ON WHICH IT IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE. |
| LIMITATION OF LIABILITY: IN NO EVENT SHALL MED-PASS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MED-PASS HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, MED-PASS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE MED-PASS WEBSITE, FROM GOODS ACQUIRED THROUGH MED-PASS, OR FROM ANY CONTENT POSTED ON THE WEBSITE BY MED-PASS OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR ITS CONTENT IS TO STOP USING THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, BROWSING, OR USE OF THIS SITE, OR THE DOWNLOADING OR USE OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THIS SITE. The authors and developers of the products on this Site have made every effort to ensure the accuracy of the information contained in the products. It is the responsibility of healthcare professionals to use their professional judgement in the use of these products. |
| INDEMNIFICATION: You agree to defend, indemnify and hold MED-PASS harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site or any other person accessing the Site using your Internet account. |
| APPLICABLE LAWS: This Site is administered by MED-PASS from its offices in Miamisburg, Ohio, United States of America and are intended for use by residents of the United States of America only. Your use of this Site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions. You consent and submit to the exclusive jurisdiction of the state or federal courts located in Montgomery County, the state of Ohio, in any legal proceeding directly or indirectly arising out of or relating to this Site. MED-PASS’ 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. MED-PASS may assign its rights and duties under this Agreement to any party at any time without notice to you. MED-PASS makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio. |
| TERMINATION: These terms and conditions are applicable to you upon your accessing this Site. These terms and conditions, or any of them, may be modified or terminated by MED-PASS without notice at any time for any reason. The provisions relating to Disclaimer, Limitation of Liability, Indemnification, and Applicable Laws, shall survive any termination. |
| USER SUBMISSIONS: Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy any material, information or other communication you provide to MED-PASS ("Submission") will be considered non-confidential and non-proprietary. MED-PASS will have no obligations with respect to the Submission. MED-PASS and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. In the event you place an order with MED-PASS through or using this Site, you agree that any order so placed shall be the same as a signed writing, created in the ordinary course of the sending party's business, at or near the time of the events recorded and transmitted by a person with knowledge of the events. When the order is printed from electronic records, such an order shall be considered an original Document. The party placing the order shall not contest the validity of the Document on the grounds that it fails to meet the common law statute of frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial Code, or other applicable law or statute, that it fails to meet the business records exception to the hearsay rule or that it fails the best evidence rule because it is not an original document. |
| GENERAL: These Terms and Conditions and those found in the MED-PASS Privacy Policy set forth the entire understanding and agreement between you and MED-PASS with respect to this Site. You acknowledge that any other agreements between you and MED-PASS with respect to this Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. |
| INFORMATION or COMPLAINTS: If you would like any further information or if you have a complaint regarding this Site, please call 800-438-8884 or send an email to sales@med-pass.com. |
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