Terms of Use

Terms of Service OVERVIEW This website is operated by Medcursor. Throughout the site, the terms “we”, “us” and “our” refer to Medcursor. Medcursor offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service and the additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version at any time. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes. It is your responsibility to check periodically. Continued use following posted changes constitutes acceptance. Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell products and services to you. SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose or violate laws in your jurisdiction, including copyright laws. You must not transmit worms, viruses or destructive code. A breach or violation of any Terms may result in immediate termination of Services. SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. Your content, excluding credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without express written permission. Headings are for convenience only and do not limit or otherwise affect these Terms. SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. Material is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, complete or timely sources. Reliance is at your own risk. The site may contain historical information, which is not current and is provided for reference only. We may modify site contents at any time and have no obligation to update information. You are responsible for monitoring changes. SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices are subject to change without notice. We reserve the right to modify or discontinue the Service or any part or content thereof without notice. We shall not be liable to you or any third party for modification, price change, suspension or discontinuance. SECTION 5 - PRODUCTS OR SERVICES Certain products or services may be available exclusively online, may have limited quantities, and are subject to return or exchange only according to our Return Policy. We have made every effort to display product colors and images accurately, but cannot guarantee monitor color accuracy. We reserve the right to limit sales to any person, geographic region or jurisdiction and to limit quantities. Product descriptions and pricing may change at any time without notice. We may discontinue products at any time. Any offer is void where prohibited. We do not warrant that the quality of products, services, information or other material will meet your expectations or that Service errors will be corrected. SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse orders and may limit or cancel quantities per person, household or order, including orders using the same customer account, credit card or billing/shipping address. If an order is changed or canceled, we may attempt to notify you using the contact information provided. We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information and promptly update your information, including email address and credit card numbers and expiration dates. For more detail, please review our Return Policy. SECTION 7 - OPTIONAL TOOLS We may provide access to third-party tools over which we have no control or input. Such tools are provided “as is” and “as available” without warranties, representations, conditions or endorsement. We have no liability arising from or relating to use of optional third-party tools. Use is at your own risk and discretion, and you should review the provider's terms. Future services, features, tools and resources are also subject to these Terms. SECTION 8 - THIRD-PARTY LINKS Certain content, products and services may include third-party materials. Third-party links may direct you to unaffiliated websites. We are not responsible for examining or evaluating third-party content or accuracy and do not warrant or assume liability for third-party materials, websites, products or services. We are not liable for harm or damages related to transactions with third-party websites. Review their policies and direct complaints regarding third-party products to the third party. SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send comments, ideas, suggestions, proposals, plans or other materials, you agree that we may edit, copy, publish, distribute, translate and otherwise use them in any medium without restriction. We are not obligated to keep comments confidential, pay compensation or respond. We may monitor, edit or remove content we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or violates intellectual property or these Terms. You agree comments will not violate third-party rights, contain unlawful or abusive material, or contain viruses or malware. You may not use a false email, impersonate another person or mislead us or third parties about the origin of comments. You are responsible for your comments and their accuracy. SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS The site or Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, update information or cancel orders if information is inaccurate, including after an order is submitted. We undertake no obligation to update, amend or clarify information except as required by law. No specified update or refresh date indicates that all information has been modified or updated. SECTION 12 - PROHIBITED USES You are prohibited from using the site or content: (a) for unlawful purposes; (b) to solicit unlawful acts; (c) to violate international, federal, provincial, state or local laws; (d) to infringe intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features of the Service, related websites, other websites or the Internet. We reserve the right to terminate use for violations. SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that use of the Service will be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable. You expressly agree that use of, or inability to use, the Service is at your sole risk. The Service and products delivered through it are provided “as is” and “as available”, without express or implied warranties or conditions including merchantability, fitness for a particular purpose, durability, title and non-infringement. In no case shall Medcursor, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for injury, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages, including lost profits, revenue, savings, data or replacement costs, arising from use of the Service or products or any related claim, even if advised of the possibility. Where jurisdictions do not allow exclusion or limitation of consequential or incidental damages, liability is limited to the maximum extent permitted by law. SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Medcursor and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from claims or demands, including reasonable attorneys’ fees, arising from your breach of these Terms or incorporated documents, or violation of law or third-party rights. SECTION 15 - SEVERABILITY If any provision is determined to be unlawful, void or unenforceable, it shall remain enforceable to the fullest extent permitted by law, the unenforceable portion shall be severed, and the remaining provisions remain valid. SECTION 16 - TERMINATION Obligations and liabilities incurred before termination survive for all purposes. These Terms are effective until terminated by you or us. You may terminate by notifying us that you no longer wish to use our Services or by ceasing use. If we believe you have failed to comply with any term, we may terminate without notice and you remain liable for amounts due up to termination and may be denied access to Services. SECTION 17 - ENTIRE AGREEMENT Failure to exercise or enforce any right does not constitute a waiver. These Terms and policies or operating rules posted on the site constitute the entire agreement and supersede prior or contemporaneous agreements, communications and proposals. Ambiguities are not construed against the drafting party. SECTION 18 - GOVERNING LAW These Terms and separate agreements whereby we provide Services are governed by and construed in accordance with the laws of the United States. SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part by posting updates and changes. It is your responsibility to check the website periodically. Continued use after changes constitutes acceptance. SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to support@medcursor.com.