Copyright
© MedicAll Universe, Inc. 2009. All rights reserved.
You should assume that everything you see
or read on this Internet Website (“Site”) may not be used except as provided in
these Terms of Use or in the text on the Site, without the prior written
permission of MedicAll Universe, Inc.
Subject always to our Privacy Policy set
out on this Site any communication or material you transmit to the Site, such
as questions, comments, suggestions or the like, will be treated as
non-confidential and non-proprietary.
Images of people or places displayed on the
Site are either the property of, or used with permission by, MedicAll Universe,
Inc. The use of these images by you, or anyone else authorized by you, is
prohibited unless specifically permitted by these Terms of Use or specific
written permission provided elsewhere on the Site. Any unauthorized use of the
images may violate copyright laws, trade mark laws, the laws of privacy and
publicity, and communications regulations and statutes. No use of any of these
may be made without the prior, written authorization of the owners of this
Site, except to identify the products or services of MedicAll Universe, Inc.
MedicAll Universe, Inc has not reviewed any
or all of the sites linked to this Site and is not responsible for the content
or the privacy policies of any off-site pages or any other websites linked to
the Site. Your linking to the Site, off-site pages or other websites is done so
at your own risk and without the permission of MedicAll
Universe, Inc.
Guidelines for Linking to this Site. Linking
to Medicall Universe, Inc’s site indicates that you accept MedicAll Universe,
Inc’s terms of use and legal restrictions.
Shall not link to an internal page of this Site that is located one or several
levels down from the home page or bring up or present content of this Site on
another website without MedicAll Universe, Inc’s prior written permission.
MedicAll Universe, Inc may at any time
revise these Terms of Use by updating this posting. You are bound by any such
revisions and should therefore periodically visit this page to review the
current Terms of Use to which you are bound.
Information, advice and opinions expressed
in this Site should not be relied upon for personal, legal, financial or other
decisions. You should consult an appropriate professional for specific advice
tailored to your situation. Neither is the information provided by this Site
intended or implied to be a substitute for professional medical advice. Always
seek the advice of your physician or other qualified health care provider prior
to starting any new treatment or with any questions you may have regarding a
medical condition.
The information, documents, graphics,
images and other materials on this Site may include inaccuracies or
typographical errors. Changes may be made periodically to this Site at any time
and without notice. However, we make no commitment to regularly update the
information contained in this Site. We do not guarantee that this Site will
operate uninterrupted or error-free or that defects will be periodically
corrected.
Although MedicAll Universe, Inc may from
time to time monitor or review emails, discussions, postings, transmissions,
and the like on the Site, MedicAll Universe, Inc is under no obligation to do
so and assumes no responsibility or liability arising from the content of any
such locations nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained
in any information within such locations on the Site. You are prohibited from
posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise break any law. MedicAll
Universe, Inc will fully co-operate with any law enforcement authorities or
court order requesting or directing it to disclose the identity of anyone
posting any such information or materials.
MedicAll Universe, Inc makes no
representations, warranties, or assurances as to the suitability, currency,
completeness, reliability, timeliness and accuracy of the information,
documents, graphics and images contained on this Site for any purpose and it
shall not be liable for any damages or injury resulting from your access to, or
inability to access, this Site, or from your reliance on any information
provided at this Site. Nothing will exclude your statutory rights as a
consumer.
MedicAll Universe, Inc does not guarantee
that this Site is compatible with your computer, hardware and software or that
this Site or its server is free of errors or viruses. MedicAll Universe, Inc
assumes no responsibility, 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, use of, browsing in the Site, or your downloading of any
materials, data, text, images, video, or audio from the Site.
Your use of this Site is at your own risk.
To the fullest extent permitted by Law, neither MedicAll Universe, Inc, nor any
of its agencies, nor any other party involved in creating, producing, or
delivering the Site will be liable to you or any third party for any direct,
incidental, consequential, indirect, special or punitive damages of any kind
arising out of your access to, or use of, the Site whether based on warranty,
contract, tort (including negligence) or otherwise, even if you notified us of
the possibility. Without limiting the foregoing, and to the extent permitted by
Law, everything on this Site is provided to you "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some or all of the above exclusions may
not apply to you.
If you are dissatisfied with any portion of
this Site, or with any of these terms, your sole and exclusive remedy is to
discontinue using it.
We reserve the right to change these Terms
of Use or any conditions or notices under which this Site is offered without
notice. These Terms of Use cannot be altered by you unless it is agreed in
writing by us.
If we decide to waive any breach of obligation
arising under these Terms of use, then that does not mean that we have waived
any other breach or future breaches.
You agree to indemnify us against any
claims, demands or proceedings brought against us by any third parties if they
are a result of your use of this Site or your other actions or omissions. Your
"use" of this Site includes any use by third parties where those
parties access this Site using your computer. In such circumstances, you agree
to pay us all costs, damages and expenses (including reasonable legal fees)
awarded against us or otherwise incurred by us, arising from any claims, or
legal proceedings.
This Site may provide links or references to other websites operated by third parties. Such links are provided for your convenience only. The owners of this Site do not control such websites, are not responsible for their operation or contents and shall not be liable for any damages or injury arising from that content. The inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators or administrators.
Intellectual property information
The trademarks, trade names, logos, service
marks, get-up and products (collectively the "Trademarks") displayed
on the Site are registered and unregistered Trademarks of MedicAll Universe,
Inc and others. The trademarks, trade names, logos, service marks, trade dress
and products in this Site are protected in the United States and internationally.
Nothing contained on the Site should be
construed as granting, by implication, estoppels, or otherwise, any license or
right to use any Trademark displayed on the Site without the written permission
of MedicAll Universe, Inc or such third party that may own the Trademarks
displayed on the Site. Your use of the Trademarks displayed on the Site, or any
other content on the Site, except as provided in these Legal Statements, is
strictly prohibited. You are also advised that MedicAll Universe, Inc will
strictly enforce its intellectual property rights to the fullest extent
permitted by law.
The materials of this Site are protected by
worldwide Copyright and Trademark Laws and treaty provisions, or licensed to MedicAll
Universe, Inc. All content of this Site is owned or controlled by MedicAll
Universe, Inc. You may download content only for your personal use for
non-commercial purposes but no modification or further reproduction of the
content is permitted. The contents of the Site, including any images, text,
executable code, and layout design may not be distributed, reproduced, publicly
displayed, downloaded, modified, reused, re-posted, or otherwise used except as
provided herein without the express prior written permission of MedicAll
Universe, Inc.
MedicAll Universe, Inc neither warrants nor
represents that your use of materials displayed on the Site will not infringe
rights of third parties not owned by or affiliated with MedicAll Universe, Inc.
MedicAll Universe, Inc maintains this Site
for your personal information, education, and communication. Please feel free
to browse the Site. You may download material displayed on the Site for
personal, non-commercial use only provided you also retain all copyright and
other proprietary notices contained on the materials. You may not, for any
reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the
content of the Site for public or commercial purposes, including the text, images,
audio, and video without MedicAll Universe, Inc's prior written permission.
All rights reserved. All materials are
provided for non-commercial personal use only.
Any dispute arising under or in connection
with this Site and these Terms of Use shall be dealt with by the Courts of
England in accordance with English Law. These Terms of Use and any other
conditions and notices contained in this Site constitute the entire agreement
between you and us and supersede all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and us.
Our rights and remedies under these Terms
of Use are cumulative and are not exclusive of any rights or remedies provided
by law or by any other agreement.
If any part of these Terms of Use are
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
A printed version of this Site and these
Terms of Use (including any conditions or notices) and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings.
You agree that no joint venture,
partnership, employment or agency relationship exists between you and us as a
result of these Terms of Use or your use of this Site.
Your use of the www.medicalluniverse.com web
site is governed by the policies, terms, and conditions set forth below. Please
read the following information carefully. By using this Site or submitting an
order for products or services, you indicate your acceptance of, and agreement
to be bound by, the terms and conditions set forth below. If you do not agree
to these terms and conditions, please do not use this Site and please do not
submit any orders for products or services.
These terms and conditions may be changed by MedicAll Universe, Inc, in the
future. It is your responsibility as a user to periodically return to this page
to review the terms and conditions for amendments. The amended terms shall take
effect automatically the day they are posted on the site. Your continued use of
the www.medicalluniverse.com
Site following any amendments will constitute conformity to such amendments.
© MedicAll Universe, Inc. All rights
reserved.
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips and software, and the compilation of this content are the
property of MedicAll Universe, Inc or its content suppliers and protected by
U.S. and international copyright laws. All software used on this site is the
property of MedicAll Universe, Inc or its software suppliers and protected by
U.S. and international copyright laws. The content and software on this site
may be used as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display or
performance, of the content on this site is strictly prohibited.
MedicAll Universe, Inc and the MedicAll
Universe Logo are service marks of MedicAll Universe, Inc in the United States
and other countries. MedicAll Universe, Inc service marks may not be used in
connection with any product or service that is not provided by MedicAll
Universe, Inc, in any manner that is likely to cause confusion among customers,
or in any manner that disparage or discredit MedicAll Universe, Inc.
All other trademarks and registered trademarks displayed on the site are the
trademarks of their respective owners, and are not intended to imply any
endorsement or affiliation between MedicAll Universe, Inc and those companies.
If you wish to license or make purchases of products or services described on MedicAll Universe, Inc site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You consent that all information that you provide to MedicAll Universe, Inc will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.
Pricing
and Typographical Errors
Due to the nature of the medical supplies
and equipment industries, all prices are subject to change without notice. We
make every effort to provide you the most accurate, up-to-the-minute
information. Despite our best efforts, a small number of the items on our web
site may be miss-priced.
In the event a product is listed at an incorrect price due to typographical,
photographic, or technical error or error in pricing information received from
our suppliers, MedicAll Universe, Inc shall have the right to refuse or cancel
any orders placed for product listed at the erroneous price.
While we make every attempt to verify prices before charging your credit card, MedicAll
Universe, Inc shall have the right to decline or cancel any orders placed on miss-priced
product whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is canceled, MedicAll Universe, Inc shall immediately issue a credit to
your credit card account in the amount of the incorrect price.
We believe that day-in, day-out, our pricing is very attractive relative to our
competition. Combined with our product assortment, product availability and
service level, we believe that we offer a compelling shopping experience. With
that in mind, we do not "match" competitor's pricing or offer price
protection.
The advertisement of any product on this
site does not constitute an offer to sell. Your order or your receipt of an
electronic or other form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. MedicAll
Universe, Inc reserves the right at any time after receipt of your order to
accept or decline your order. MedicAll Universe, Inc reserves the right at any
time after receipt of your order, without prior notice to you, to supply less
than the quantity you ordered of any item in accordance with our order
limitation policy.
All orders placed must obtain pre-approval with an acceptable method of
payment, as established by our credit department. We may require additional
verifications or information before shipping any order. Please allow up to 72
hours for order processing for address verification.
Please fax to (305) 261-6465
or email to contacts@medicalluniverse.com
for quotation. Please include the
following information in your email or fax:
•
Product part numbers or product description
• Quantity per product
• Method of payment
• Shipping destination
• Date required
We will email or fax you a copy of your quotation within 72 hours after we receive your complete inquiry. We reserve the right not to participate in the quoting process. We will only accept wire transfer in advance. Customer is responsible for all border duties and fees.
Disclaimer and Limitation of Liability
All new medical supplies and equipment offered through MedicAll Universe, Inc's products are guaranteed against defects for 30 days from the date of the invoice unless stated otherwise. EXCEPT AS EXPRESSLY STATED HEREIN, MEDICALL UNIVERSE, INC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE MEDICALL UNIVERSE, INC SITE. EXCEPT AS EXPRESSLY STATED HEREIN, MEDICALL UNIVERSE, INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MEDICALL UNIVERSE, INC ARISING FROM ANY PRODUCT SOLD ON THE MEDICALL UNIVERSE, INC SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL MEDICALL UNIVERSE, INC, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
Credit
Cards - We currently accept Visa, Master Card and American Express. Credit card
surcharge may be applicable for using your credit card with MedicAll Universe,
Inc. Please be sure to provide your exact billing address and telephone
number (the address and phone number your credit card bank has on file for
you). Incorrect information may cause a delay in processing your order. Your
credit card will be billed at the time your order is processed and is being
readied for shipment. For those orders that are qualified as custom orders and
which may require special upholstery, color finish, fabrication lead time, etc,
your credit card may be billed in advance to ensure availability of
funds. Some custom orders may take up to six (6) weeks to complete.
Wire
Transfers, Money Orders, Cashier's Checks, Company Checks, & Personal
Checks - MedicAll Universe, Inc accepts money orders, cashier's checks,
personal checks, and company checks only by mail, and only in U.S. Dollars. For
checks, money orders or cashier's checks, please allow up to 5 working days
after receipt of payment for clearance of funds before the order is processed.
Wire transfer orders are processed immediately upon confirmation of receipt of
funds in our bank account. MedicAll Universe, Inc cannot guarantee the
availability of a product by the time funds clear or payment is received. We
will charge a $25 fee on all returned checks.
MedicAll Universe, Inc does not ship on weekends and holidays. Due to shipper restrictions we cannot deliver to P.O. Boxes. All Shipments are subject to stock availability. MedicAll Universe, Inc's shipping and handling charges are based on total weight or package size, and are calculated as determined by freight carriers servicing MedicAll Universe, Inc. MedicAll Universe, Inc does not guarantee estimated ship times included on the MedicAll Universe, Inc site, nor does MedicAll Universe, Inc guarantee any claims made by any carrier.
MedicAll Universe, Inc shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Texas, unless the customer is tax exempt and provides the required tax exempt information to MedicAll Universe, Inc before ordering. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
MedicAll
Universe, Inc has designed its online store to give you options concerning the
privacy of your credit card information, name, address, e-mail and any other
information you provide us. MedicAll Universe, Inc is committed to data
security with respect to information collected on our site. In addition to the
industry standard security measures available through your browser called SSL
encryption, we have made a practice to call customers in the event of potential
problem with your purchase. Also, you may always contact a sales representative
over the telephone in case you don't want to provide your credit card
information online at (305) 261-6465.
For protection of our Customers, we ship only to the verified billing address
or authorized shipping address registered with the Customer's credit card
issuer. Authorized shipping address can be obtained upon contact of the credit
card issuer. Credit cart issuer registers alternative (shipping) address upon
customer's authorization in addition to existing billing address for internet
deliveries. Please call if you have any questions.
To register an alternative address (not the same as billing - for example your
office or relative's place of residence), call the toll-free number on the back
of your credit cart for further assistance.
At MedicAll
Universe, Inc we are committed to protecting your privacy online. Our Privacy
Policy demonstrates our firm commitment to protecting the privacy of our
customers. We use the information that we collect about our customers to
fulfill product and service purchases and to create a more personalized online
experience.
When you shop at www.medicalluniverse.com, we
collect transactional information, or Personally Identifiable Information, from
you such as your name, telephone number, e-mail address, billing address,
shipping address, credit card or other payment information and a password. MedicAll
Universe, Inc does not sell or rent your transactional information to others. MedicAll
Universe, Inc uses customer information only for the purposes of filling
orders, contacting purchasers to inform them of their order status, sending
promotional information, and enhancing the user experience.
MedicAll Universe, Inc will occasionally offer special contests and promotions.
When you enter a contest or other promotion, we may ask you for contact
information such as your name, address and e-mail address in order to
administer the contest, to send you promotional e-mails notify winners and make
the winners' list publicly available pursuant to certain states' laws. Your
consent to such promotional use and disclosure of this information is a
condition of your participation.
At MedicAll Universe, Inc you can be assured that your transactional
information is secure, consistent with current industry standard SSL encryption
technology. The importance of security for all transactional information
associated with our customers is of utmost concern to us. Our secure servers
protect the information using state of the art firewall technology. All
customer transactional account information is kept on a secure server.
Please be aware that our site may contain advertisements and links to other
sites on the Internet that are owned and operated by third parties. The
information practices of those websites linking from or to our site are not
covered by the MedicAll Universe, Inc Privacy Policy. MedicAll Universe, Inc
has no control over the use or disclosure of user data on other sites on the
Internet and we recommend that you review the privacy policies of such sites to
determine your privacy rights on such sites.
MedicAll Universe, Inc will remain committed to protecting your privacy online.
We may change our Privacy Policy from time to time. When such a change is made,
we will post the revised Privacy policy on our website so please bookmark this
page and check back periodically. Any changes, corrections or updates to your
transactional information can be edited during the purchase process.
MedicAll
Universe, Inc guarantees that every transaction that you make with us through
our web site will be safe. In the event of unauthorized use of your credit
card, you must notify your credit card provider in accordance with its
reporting rules and procedures. Once the order is processed, we do not retain
your credit card information.
We feel confident in making this guarantee because our secure server software
(SSL) is the industry standard and among the best software available today for
secure commerce transactions. It encrypts all of your personal data including
credit card number, name, and address, so that it cannot be read as the
information travels over the Internet. You can tell when you are protected by
encryption - the lock or key at the bottom of your browser changes color or are
no longer broken. To use this option, you must have a browser that supports SSL
(ex. Microsoft Internet Explorer, AOL, or
Netscape Navigator).
