Terms and Conditions of Service
1. ACCEPTANCE OF TERMS
Welcome to painsuperstore.com, one of Life Care Supplies, Inc. and it’s affiliate’s (“Life Care Supplies”) web sites. Life Care Supplies’s mission is to help its customers across the health-care industry — from manufacturers to providers of patient care — find answers to the challenges they face. The Services (as defined below) provided to you individually or obtained by you on behalf of your employer (“you” or “yours”) on this web site (the “Site”) include services provided by Life Care Supplies’s affiliated companies on this Site. The Terms and Conditions of Service apply solely to the Services provided on this Site, include any posted guidelines or rules applicable to particular Services and, as updated by Life Care Supplies from time to time, are collectively referred to as the “Terms and Conditions”. By using the Site, you represent that you are at least eighteen years old and agree to these Terms and Conditions, which govern your use of the Site and Services. A current and complete version of these Terms and Conditions is available on the Site and we encourage you to review it from time to time. Additional terms and conditions may be continued in written agreements between Life Care Supplies and you.
2. ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions may be contained in written agreements between the Life Care Supplies affiliates and you. For example with respect to Life Care Supplies, Medical Products and Services, these additional terms may include:
3. USE OF SERVICES
Life Care Supplies offers the following online services: ordering, reporting, integration, personalization and education. As provided by Life Care Supplies, these functions are collectively referred to as the “Services”. The Services include information, data, and other material, including text and images, provided by you, third party information providers selected by Life Care Supplies (“Third Party Content”) or by Life Care Supplies (collectively, content you provide, Third Party Content and content provided by Life Care Supplies is referred to as the “Content”).
Life Care Supplies may alter, augment or terminate the Services in whole or in part at any time and from time to time in its sole discretion. Life Care Supplies reserves the right to modify, deny or suspend your access to the Services at any time without notice to you. The information Life Care Supplies obtains from you will be subject to Life Care Supplies’s Privacy Statement. To use the Services you will need access to the World Wide Web and you must pay any fees associated with your access and the Services you obtain. Of course, you will also need equipment and a modem or other access device. Life Care Supplies currently uses Secure Socket Layer (SSL) technology to help protect information that passes over the Internet. You must have a certain browser capability to take advantage of this encryption technology, which is currently included in version 4.0 and higher versions of Microsoft Explorer® and Netscape Navigator®
4. REGISTRATION REQUIREMENTS
After registration, you will receive a password and user ID. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify your Life Care Suppleis administrator if (i) your password is lost or stolen, (ii) you become aware of any unauthorized use of your password, or (iii) you became aware of any other breach of security that might affect the Life Care Supplies Services. Life Care Supplies is not responsible for any loss or damage arising from your use or misuse of your password.
5. DISCLAIMER OF WARRANTIES
USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIFE CARE SUPPLIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. LIFE CARE SUPPLIES MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICES IS TO CEASE TO USE THE SERVICES. UNLESS OTHERWISE INDICATED, ANY WARRANTIES APPLICABLE TO PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE PURCHASED FROM THIRD PARTIES, ARE PROVIDED BY THE MANUFACTURERS OF SUCH PRODUCTS. ADDITIONAL TERMS AND CONDITIONS WITH RESPECT TO PRODUCTS PURCHASED, INCLUDING ADDITIONAL DISCLAIMERS OF WARRANTIES, MAY APPLY TO YOUR PURCHASES AS A RESULT OF OTHER AGREEMENTS AND ARRANGEMENTS BETWEEN YOU AND LIFE CARE SUPPLIES OR BETWEEN YOU AND APPLICABLE THIRD PARTY PROVIDERS.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIFE CARE SUPPLIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF LIFE CARE SUPPLIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SITE, OR (v) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR THE SERVICES.
7. CONDUCT ON THE SITE
You understand and agree that all Content is the responsibility of the person or entity providing such Content. In the event that Life Care Supplies permits you to upload, post, email or otherwise transmit information for display on the Site, you will be responsible for all Content that you upload, post, email or otherwise transmit. Likewise, you are responsible to respect Life Care Supplies’s and third party rights with respect to all Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of such rights. You agree not to use the Services to:
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
- upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise offensive;
- impersonate another person or entity, including without limitation a representative of Life Care Supplies, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Services;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials including without limitation initiation or perpetuation of any “Spam”, “Junk Mail”, or any other potentially objectionable form of unsolicited communication, except to the extent such an activity is clearly reasonable and appropriate (such as advertising) and then only in areas of the Site designated for such activities (such as a shopping room);
- use the Services or the Site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;
- collect or store personal data with respect to other users, except as contemplated by these Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by other users;
- directly or indirectly, intentionally disrupt or interfere with the Site or the Services in any manner that may materially adversely affect Life Care Supplies or any user;
- upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
8. DISCLAIMER OF CONTENT
You understand and acknowledge that Life Care Supplies assumes no responsibility to screen or review Third Party Content or Content you provide, and that Life Care Supplies shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available on the Site or through use of the Services. Life Care Supplies expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review.
LIFE CARE SUPPLIES MAKES NO WARRANTY THAT CONTENT WILL BE CURRENT, ACCURATE, RELIABLE OR COMPLETE, NOR DOES LIFE CARE SUPPLIES MAKE ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR SUITABILITY OF ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
9. NO RESALE OF SERVICES
You agree to use the Services solely for your own internal business purposes and not to use or exploit any portion of the Site or the Service for commercial purposes not related to your business with Life Care Supplies.
10. OWNERSHIP OF CONTENT
You understand and agree that your use of the Services entitles Life Care Supplies to use, monitor and preserve copies of all information and Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms and Conditions, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of Life Care Suppliesor any other person or entity.
The Site may provide, or third parties may provide, links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Life Care Supplies with respect to the provider of such linked site or any verification of the quality, reliability or any other characteristic or feature of such linked site, and that Life Care Supplies is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation the content provided on or through any such linked site or your reliance thereon. LIFE CARE SUPPLIES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
You agree to defend, indemnify and hold Life Care Supplies, its officers, directors, employees and agents, harmless from and against any third party claim, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site, its Content or Services (including any interactive areas of the Services) in a manner that violates these Terms and Conditions. Life Care Supplies shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
13. TRADEMARK INFORMATION
Life Care Supplies is a trademark of Life Care Supplies, Inc.. Other trademarks are owned by Life Care Supplies or its affiliated entities or are owned by and used with the permission of their third-party owners, as indicated. You agree not to use or display trademarks without the prior written consent of Life Care Supplies or the owner of such mark.
14. COPYRIGHT INFORMATION
The Content is owned by Life Care Supplies and /or third parties and is protected under United States copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Life Care Supplies , except that, subject to your compliance with the Terms and Conditions, Life Care Supplies authorizes you to view or download a single copy of the Content solely for your use in your business provided that you keep intact all copyright, trademark, and other proprietary notices. Modifications of Content or use of Content for any other purpose is a violation of the rights of Life Care Supplies or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Life Care Suppliesor third parties.
15. JURISDICTION AND VENUE
You and Life Care Supplies agree that this Agreement and the relationship between you and Life Care Supplies will be governed by the laws of the State of Ohio, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Life Care Supplies will rest exclusively in the courts of Franklin County and the federal district court for the Southern District of Ohio.
Life Care Supplies may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provide to Life Care Supplies. Additionally, the Terms and Conditions may change and you should review them periodically to ensure that you are aware of the provisions that govern your use of the Site. Your continued use of the Site shall be deemed to constitute your agreement to such revisions.
17. GENERAL PRACTICES REGARDING STORAGE
You understand and agree that Life Care Supplies may from time to time establish and revise practices and limitations concerning your use of the Service. You agree that Life Care Supplies shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the Site or transmitted using the Site or the Service.
18. TERMINATION OR REGISTRATION
You acknowledge and agree that Life Care Supplies may terminate your password and/or other access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if: (i) you do not use the Services for what Life Care Supplies, in its sole discretion, deems to be an extended period of time; (ii) Life Care Supplies believes that you have violated any of these Terms and Conditions, (iii) you have otherwise acted or failed to act in any manner that Life Care Supplies deems objectionable. You agree that any termination of your access to the Site or the Service shall not result in any liability or other obligation of Life Care Supplies to you or any third party in connection with such termination.
These Terms and Conditions constitute the entire agreement between you and Life Care Supplies and govern your use of the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Services. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Life Care Supplies to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose.
The Terms and Conditions may change from time to time and you should review them to ensure that you are aware of the provisions that govern your use of the Site and the Services.