Terms and Conditions
Terms & Conditions Summary
The SpecialtyMedicalSupply.com website is operated by Specialty Medical Group. The mailing address is 264 Center St. Miamiville, Ohio 45147
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the SpecialtyMedicalSupply.com website.
These Terms and Conditions May Change
SpecialtyMedicalSupply.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Specialty Medical Supply and Specialty Medical Group LLC. The collective work includes works that are licensed to Specialty Medical Supply and Specialty Medical Group LLC. Copyright 2013, Specialty Medical Group. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Specialty Medical Supply or purchasing Specialty Medical Supply products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Specialty Medical Supply or to purchase Specialty Medical Supply products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Specialty Medical Group. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the site.
Trademarks / Intellectual Property All trademarks, service marks and trade names of Specialty Medical Supply used in the site (including but not limited to the Specialty Medical Supply name, the logo Design are trademarks or registered trademarks of Specialty Medical Group, LLC. They may not be used without Specialty Medical Groups prior written permission. Any other intellectual property in the site, including but not limited to patents, issued or pending, are the sole property of Specialty Medical Group and/or its licensor.
All orders placed through the site are subject to Specialty Medical Supply's acceptance, which is in its sole discretion. Without limitation, this means that Specialty Medical Supply may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently canceled, Specialty Medical Supply shall issue a credit to your credit card account. BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Specialty Medical Supply disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Specialty Medical Supply does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Specialty Medical Supply does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Use of Information Submitted
You agree that Specialty Medical Supply is free to use any comments, information or ideas contained in any communication you may send to Specialty Medical Supply or submit to the site without notice, compensation or acknowledgment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or other products or services.
Participation Disclaimer/Use Restrictions
Specialty Medical Supply does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Specialty Medical Supply is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on the site. You may not post or otherwise distribute content to the site which Specialty Medical Supply in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Specialty Medical Supply or another party, illegal, or otherwise objectionable to Specialty Medical Supply. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial on-line service or other organization.
You agree to indemnify, defend, and hold harmless Specialty Medical Supply its officers, directors, employees, agents, licensor and suppliers from and against all losses, 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 accessing the site using your Internet account.
Limitation of Liability
Specialty Medical Supply shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products purchased through the site, even if Specialty Medical Supply has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your use of this site shall be governed in all respects by the laws of the state of Ohio, 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. Specifically, this Agreement shall be subject to Ohio Revised Statutes Chapter 72, "Sales". Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Specialty Medical Supply products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Specialty Medical Group products) must be commenced within one (1) year after the claim or cause of action arises. By using the site, you agree to receive electronic communications from Specialty Medical Group. You agree that any notice, agreement, disclosure or other communication that Specialty Medical Group sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Specialty Medical Group failure to insist upon or enforce strict performance of any provision of these terms and conditions 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. Specialty Medical Group may assign its rights and duties under this Agreement to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the site. Specialty Medical Group reserves the right in its sole discretion to terminate or restrict your use of the site, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Specialty Medical Group without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.