Universal Medical Supply, LLC

Website Terms and Conditions of Use

 

Please Read the Following Terms of Use Carefully Before Using This Website

This Web site is provided by Universal Medical Supply LLC and may be used for informational purposes only. By using the website or downloading materials from the website, you are acknowledging and agreeing to these Terms and Conditions of Use. If you do not agree to abide by these Terms and Conditions of Use, you may not use or download materials from this website. UMS reserves the right to update these Terms and Conditions of Use at any time without notice to you. The most current version of the Terms and Conditions of Use can be reviewed by clicking on the Terms and Conditions of Use hypertext link at the bottom of each web page on this website. Your use of this website may also be subject to additional terms contained within this website.

Use of Website

Unless otherwise specified, the UMS website is for your personal and noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the site in any way. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative works from, or sell any information, software, products, or services obtained from the UMS website. You agree to abide by all additional restrictions displayed on the website as it may be updated from time to time. The entire contents of this website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the contents contained therein. Except as expressly provided herein, UMS does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information contained within this document.

Disclaimer

UMS makes no representations or warranties about the accuracy or completeness of the content of this website or the content of any website(s) linked to this website. Any decision made by you based on information contained within this website or website(s) linked to this website is your sole responsibility.

THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. UMS DOES NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE AND THE INFORMATION PROVIDED THEREIN OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, UMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM OF COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. UMS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. UMS MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.

THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON THE WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL UMS OR ANY OF ITS SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), EVEN IF UMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

External Links to the Site

In an attempt to provide increased value to our visitors, this website may contain links to other websites on the Internet that are owned and operated by third party vendors and other third parties (the External Sites). UMS has no control and is not responsible or liable for the External Sites, including but not limited to the content and privacy and data collection practices, even if the External Site is affiliated with UMS. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that UMS sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trade name, trademark, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, UMS seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work). You should contact the website administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Indemnification

You agree to indemnify, defend, and hold harmless UMS, its officers, directors, employees, agents, licensors and suppliers (collectively the Provider) from and against all loss, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person assessing the website using your Internet account.

Changes

UMS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms and Use Statement in whole or in part, at any time. Changes in this Terms and Use Statement will be effective when notice of such change is posted. Your continued use of the website after any changes to this Terms and Use Statement are posted will be considered acceptance of those changes.

UMS may terminate, change, suspend or discontinue any aspect of the UMS website, including the availability of any features of the website, at any time. UMS may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. UMS may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all downloaded or retrieved information. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE UMS WEBSITES MAY NOT BE RETRIEVED LATER.

Applicable Laws

Unless otherwise specified, the material on this website is intended to provide information about UMS and its products. This website is controlled and operated from Louisville, Kentucky. We do not imply that the materials published on this website are designed or appropriate for use outside of the United States. If you assess our website from outside of the United States, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of this website, you may not view or use this website.

Your use of this website shall be governed in all respects by the laws of the Commonwealth of Kentucky, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of UMS products) shall be in the state or federal courts located in Jefferson County, Kentucky. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of UMS products) must be commenced within one (1) year after the claim or cause of action arises. UMSs failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use 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 of Use. UMS may assign its rights and duties under this Agreement to any party at any time without notice to you. UMS makes no representation that materials in this website 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 website from other locations 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.