Terms and Conditions of Use
for Medovations, Inc. Web Sites
Last Modified: March 27, 2002
Welcome to Medovations.com. Our mission is to help our customers throughout the health care industry, from manufacturers to providers of patient care, to find answers to the challenges they face.
This document defines your rights and responsibilities as a visitor to the Medovations web site. It also defines our rights and responsibilities to you and other web site users. By visiting and using the Medovations web site, you agree to abide by the following terms and conditions of use. If you disagree with any of these terms, we ask that you immediately leave the Medovations web site.
Terms and Conditions for Orders and Deliveries
Acceptance of orders is conditioned upon your assent to the following terms and conditions. Any inconsistent provisions of any order or other writing submitted by you shall not constitute a part of the contract of sale. By placing an order via this Web Site, you explicitly accept these terms and conditions in their entirety, without any alterations.
1. Pricing and Specifications: All prices listed on the Medovations Site reflect Customer's net price in United States currency (US$). Prices do not include freight, applicable federal, state and local taxes, or special crating requirements. Medovations is not responsible for any translations or estimates of costs or prices in currencies other than United States currency. Customer shall bear all such costs, taxes, charges and duties. Prices, colors and specifications of products may change without notice, and may be inconsistent with any or all displays on the Medovations Site. Any unshipped or back-ordered balances on an order will be invoiced to and paid by Customer at prices in effect at the time of delivery.
2. Payment Terms: All purchases from the Medovations Site must be pre-paid. We accept MasterCard or Visa for immediate processing of your order. Other forms of payment will result in delayed processing. Medovations requires each order through its site to total at least one hundred fifty dollars (US$150.00).
3. Mistaken Orders: If you believe that an order has been placed through the Medovations Site in error, e.g. wrong product model or wrong quantity, you must contact your Medovations representative within twenty four (24) hours of submitting the order. Medovations will make commercially reasonable efforts to assist Customer in correcting mistaken orders identified prior to shipment.
4. Returns: Products will not be accepted for return under any circumstances beyond ninety (90) days from shipment date. Return authorization must be made through Medovations customer service. No returns can be made without our written authorization. Non-authorized returns will be destroyed or returned to Customer, at our option. No credit will be allowed for non-authorized returns. For defective products, return authorization will be given only after samples are approved for return by Medovations.
5. Credits for Returns: Medovations will issue a full credit, including freight and taxes, for products shipped in error by Medovations and returned in accordance with the return policy. Other authorized returns are subject to a twenty percent (20%) restocking charge (minimum of US$10.00). Returns requiring reprocessing are subject to a forty percent (40%) restocking charge.
6. Shipping: All items are shipped F.O.B. from shipping point as defined by INCOTERMS 2000. All installments will be separately invoiced and paid as billed without regard to subsequent deliveries. Customer's failure to pay any installment when due will excuse Medovations from making future deliveries.
7. Claims: All claims, including claims for damages, defects and shortages, must be made within two (2) days of receipt of the products. Medovations must be given a reasonable opportunity to inspect the products in connection with any claim. CUSTOMER'S FAILURE TO MAKE ANY CLAIM WITHIN THE SPECIFIED TIME PERIOD WILL RESULT IN THE UNCONDITIONAL WAIVER OF SUCH CLAIM. Medovations reserves the right to accept or reject any claim in whole or in part.
8. Compliance with Regulations: By placing an order through the Medovations web site, you certify that you are in compliance with all laws and regulations of the United States of America and/or of the location where products will be used with respect to the use of such products, including but not limited to the Federal Food Drug and Cosmetic Act and its interpretations by the U.S. Food and Drug Administration. Medovations disclaims all responsibility for your compliance or failure to comply with such laws and regulations.
9. Export Regulations: Nothing in this agreement shall be construed to require you or Medovations to perform any act that will or could violate the export control laws of the United States of America or any other locality having proper jurisdiction over your purchase. Medovations will not perform any act that it knows to be a violation of the export control laws of the United States of America or any other locality having proper jurisdiction over your purchase.
10. No Warranty: MEDOVATIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, FOR ANY GOODS PURCHASED THROUGH THE MEDOVATIONS SITE.
11. Limitation of Remedies and Damages: Customer's exclusive remedy for a valid and timely claim shall be limited solely to replacement or credit, at Medovations' option, for goods returned in accordance with the foregoing return policy. MEDOVATIONS' LIABILITY WILL IN NO EVENT BE GREATER THAN THE PURCHASE PRICE OF THE PRODUCTS.
MEDOVATIONS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LABOR COSTS OR LOST PROFITS ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE PRODUCTS OR FROM THE PRODUCTS BEING INCORPORATED IN OR BECOMING A COMPONENT OF ANY OTHER PRODUCT. NEITHER PARTY SHALL HAVE ANY NEGLIGENCE OR OTHER TORT LIABILITY TO THE OTHER, OR TO ANY THIRD PARTY, ARISING FROM ANY BREACH OF THIS AGREEMENT.
12. Trademarks: For certain items offered on the Medovations Site, Customer may request that Medovations place trademarks or trade names on products or packaging. Such items will be identified appropriately on the Medovations Site. Customer represents and warrants that it owns or is authorized to use any trademark submitted to Medovations for placement on products, and hereby releases and indemnifies Medovations from and against any claims or threatened claims arising out of the use of such trademarks.
13. Controlling Law: The validity, construction and enforcement of this agreement between Medovations and Customer shall be governed by and in accordance with the laws of the State of Wisconsin, United States of America, without giving effect to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any transactions arising out of or related to this agreement. In the event of any dispute arising out of this agreement, you consent to the personal jurisdiction of the federal and/or state courts located in the County of Milwaukee, State of Wisconsin, United States of America. This agreement is written in the English language. Any versions of the agreement in other languages are for convenience only and are not binding.
The only source for official information about Medovations and its products on the Internet is the web site located at http://www.medovations.com/. The Medovations Site is currently hosted and made accessible to the public by SKC Group, Inc., under a contract with Medovations.
MEDOVATIONS DOES NOT PROVIDE MEDICAL ADVICE
All Content (see below) on the Medovations Site is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Medovations Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
Medovations does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided on the Medovations Site for personal health-related matters is solely at your own risk.
CONTENT AND LICENSING
The "Content" of the Medovations Site, including all HTML code, text, audio, images, photographs, graphics, logos, illustrations, descriptions, arrangements and software, are protected by copyrights, trademarks, service marks, patents and other proprietary rights. We either own or license the rights to provide Content on the Medovations Site.
Unless indicated otherwise, all Content is Copyright© 2002 by Medovations Inc. All rights reserved.
Medovations owns the following trademarks: WeightRight™, QuickConnect™, Traditional™, SafeGuide™, PreCept™ and Precept™. Other trademarks appearing on the Medovations Site remain the property of their owners and are used by permission.
Medovations permits you to view and use Content in order to learn more about its products and business, and to place orders for products sold by Medovations. We do not permit you to copy, modify or reuse Content in any way except in connection with business you may have with us.
You may establish a link to the Medovations web site. We ask that all links direct web browsers only to the index page of our site,
. We also ask that your links do not state or imply any sponsorship or endorsement of your Web site or its contents by Medovations.
At Medovations, we value the privacy of our customers. We are committed to protecting the information we gather from you on our web site and in other communications. In all its transactions (both on-line and off), Medovations complies with the principles of the Safe Harbor Program set forth by the United States Department of Commerce regarding the collection, use and retention of data from the European Union.
Medovations has created this privacy statement in order to demonstrate our commitment to our customers that we will work to protect and handle the information provided to us in a safe, secure and responsible manner. We will use our best efforts to protect your personally-identifiable information.
Medovations is not responsible for the privacy policies adopted by advertisers placing ads on our web site or by outside web sites that you may access from the Medovations site. We advise you to contact those outside companies directly for information on their privacy and data collection policies.
This web site does not request or record any age-specific data from its users. This web site is not directed at children of any age, particularly those under the age of thirteen.
For specific details about the information we may collect and how we may use it, please see items 1-5 below.
- What information is collected from you, and how it is used
- Security precautions we take with your information
- Our policy for sharing your information
- How you can access, update or delete your information
1. What information is collected from you, and how it is used
A. General Site Usage
When you view the general information sections of the Medovations web site, some information about your visit is automatically recorded by our web server. This data may include statistical information about your web browsing software and computer operating system, which web pages you visit on our site, the web site from which you accessed the Medovations site, and the first web site you visit after leaving our site. Our server also may record the IP address and/or domain name of your connection to the Internet, but not your individual e-mail address.
We use this data internally for testing and evaluation of our web site and server connections, and to improve the overall browsing experience of our visitors. We may also create reports of aggregated data, such as the number of hits our site receives per week or per month, once all personally-identifiable data has been removed.
B. On-line Shopping and Purchasing
Medovations also collects personally-identifiable information when you register as a new user on our site and access the purchasing areas of the site. This information includes your name, company affiliation, e-mail address and telephone number. If you place an order through our on-line shopping cart, you may have to provide additional information including your shipping and billing addresses. If you submit a credit application to Medovations, we may ask for the names of financial and business references.
This information helps us to verify your status as a customer, to confirm that we have appropriate certifications on file for your purchase of medical devices and pharmaceuticals, and to contact you directly while processing and filling orders. We use your contact and credit information to process shipping and payment for orders. We may share this information with certain third parties that assist us in the ordinary course of business, such as common carriers, mail list and market analysis bureaus, credit card or leasing companies and in some cases the manufacturers of the product you purchase. We are happy to provide you with contact information for these third parties should you have concerns about their use of your personally-identifiable information.
We may ask for additional information from time to time as we add new features to the Medovations web site or to improve your browsing experience by providing information that may be of interest to you. We may also keep a record of any correspondence we receive from you. You may receive promotional mailings, e-mails or telephone calls from us. Medovations may also use your information to provide you with selected information about its business partners and their products. Finally, Medovations may disclose your personally-identifiable information, with or without your permission, in response to requests from law enforcement agencies or other process of law.
2. Security precautions we take with your information
Medovations has security measures in place to protect against the loss, misuse or alteration of both the web site content and your personally-identifiable information. We use Secure Sockets Layering (SSL) technology to encrypt information, including credit card number, before it travels the Internet-one of the most prevalent and secure systems available online. All your account information is password-protected to help restrict access to this information. While we strive to protect your personal information, you should know that the Internet is not completely secure. Consequently, Medovations cannot guarantee the security or integrity of any information transmitted to or by us.
Information transmitted and received during on-line shopping cart transactions is stored in a separate server and internal customer order database. We limit access to the customer database to guard against misuse of your personal information.
When you receive your user name and password for access to the on-line shopping portions of the Medovations web site, you also have the responsibility for protecting the secrecy of that information. Medovations asks that you not share your password with others or store your password within your web browsing program for automated access. We also ask that you remember to "log out" of the Medovations web site when you are finished with your visit.
4. Our policy for sharing your information
As noted above, there are some instances where Medovations must share your information with third parties in order to fulfill requests or purchases you have made, or to comply with law enforcement efforts. Aside from these instances, however, we do not share your personally identifiable information. From time to time, Medovations may send you promotional information from its business partners, but these partners do not receive your personal information unless you provide it to them independently. You may opt out of receiving these promotions when you set up your account with Medovations, or as described below.
5. How you can access, update or delete your information
In order to check on your account, to opt in or out of promotions conducted by Medovations, or to determine what personally-identifiable information Medovations has recorded about you, please contact our customer relations department at:
NAME: Medovations' Webmaster
E-MAIL ADDRESS: email@example.com
TELEPHONE NUMBER: 414-265-7620 or 800-558-6408
Please note that if you modify or delete certain personal information, Medovations may have to disable your password or user name until you provide proper information
Access to certain areas of the Medovations Site is restricted to those persons who have provided personally identifiable information and have registered unique user names and passwords with Medovations. Any "deep linking" to or bookmarking of Content within password-protected areas of the Medovations Site is prohibited.
By registering an unique user name and password, you acknowledge that you are responsible for the confidentiality of your user name and password. You agree that Medovations has the right to track usage of protected areas within the Medovations Site by reference to user names. You acknowledge that you are responsible for all uses of your account, regardless of actual authorization by you. You agree to notify us immediately of any unauthorized use of your account information or other breach of security. Medovations may limit or terminate access to protected areas of the Medovations Site associated with a particular user name or password at any time and for any reason. We are not responsible for any loss, damage or harm related to your failure to comply with this provision
MODIFICATION AND TERMINATION
Medovations reviews this policy periodically. We may modify or terminate this policy at any time and without prior notice. All disclaimers, indemnities, and limitations of liabilities will survive termination of the policy.
Medovations asks you to review this policy from time to time. We will include a reference on the index page of the web site whenever we change this policy, for a period of fifteen days after each change. If you disagree with the changes in our terms and conditions, please contact our customer service representatives to have your personally identifiable information removed from our records.
COPYRIGHTS AND COPYRIGHT AGENT
Medovations respects the rights of intellectual property owners. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information, pursuant to Section 512 of Title 17, United States Code:
(1) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) a description of the copyrighted work or works that you claim have been infringed;
(3) a description of the allegedly infringing material, including its location on the site;
(4) your address, telephone number, and e-mail address;
(5) 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; and
(6) 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.
Medovations' Copyright Agent for notice of claims of copyright infringement on its site is:
Webmaster, 102 E Keefe Ave, Milwaukee, WI 53212 USA, 414-265-7620, firstname.lastname@example.org.
Your visit to the Medovations Site is at your own risk. We make no warranties or representations as to the Content and assume no liability or responsibility for any errors or omissions therein. We do not warrant or represent that your use of Content will not infringe, violate, or misappropriate the rights of others.
Medovations assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property on account of your access to or use of the Medovations Site or your downloading of any materials from the Medovations Site. We do not warrant that the Medovations Site or the service providers that make the content available are free of computer viruses or other harmful components.
We will use our best efforts to insure that the coding of the Medovations Site is reasonably HTML-compliant. You acknowledge that HTML is an industry standard that contains some ambiguous provisions and that does not completely address all issues associated with the coding of web sites. You also acknowledges that HTML is a standard that will be amended from time to time and that not all "browsers" or other software used to access the World Wide Web implement HTML in the same way. Medovations does not warrant that your use of the site will be uninterrupted or free of errors or omissions, or that defects will be corrected.
Without limiting the foregoing, ALL CONTENT PROVIDED ON THE MEDOVATIONS SITE IS PROVIDED TO USERS "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
THE "AS IS" AND "AS AVAILABLE CONDITIONS OF CONTENT ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE MEDOVATIONS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEDOVATIONS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES AND COURT COSTS, ARISING OUT OF OR RELATING TO YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF, ACCESS TO OR INABILITY TO ACCESS THE MEDOVATIONS SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR OF ANY SERVICE PROVIDED BY MEDOVATIONS TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY PERSON ACCESSING THE MEDOVATIONS SITE OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MEDOVATIONS BEARS NO RESPONSIBILITY OR LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING IN ANY WAY OUT OF (1) ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE MEDOVATIONS SITE OR CONTENT, (2) ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE, OR (3) ACTS OR OMISSIONS OF ANY SERVICE PROVIDER.
Medovations shall not be liable for nonperformance or delay in performance caused by any event beyond our reasonable control including, but not limited to, acts or omissions of Service Providers, equipment failure, war, strikes, lock-outs, unavailability of supplies, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government or governmental agency or delays, unavailability, errors or other failures of the Internet or other data networks.
Your passive use of or access to the Medovations Site shall not be construed as our purposeful availment of the privilege or benefits of doing business in any location other than the State of Wisconsin, United States of America. Any party who chooses to access the Medovations Site from a location other than Wisconsin does so on his or her own initiative and shall be responsible for compliance with all applicable laws.
This Agreement shall be governed by and enforced under the laws of the State of Wisconsin, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any transactions arising out of or related to this web site. In any dispute connected with the Medovations Site or this Agreement, the parties consent exclusively to the jurisdiction of the federal and/or state courts located in the County of Milwaukee, State of Wisconsin. This Agreement and the Medovations site are written and provided in the English language. Any versions of Content or the Agreement in other languages are for convenience only and are not binding.
This Agreement is the entire agreement between the parties relating to the matters contained herein. The section headings used in this Agreement are for convenience only and shall have no legal force or effect. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Our offices are located in Milwaukee, Wisconsin. If you want to communicate with us about this Agreement, you may contact us at:
Mail: 102 E Keefe Ave, Milwaukee, WI 53212 USA