Website Terms of Use

Scope

These terms apply to the entire NAR Medical Depot, LLC website (Website) and all users of the Website. The Website includes all aspects of its content, including software to run, use, or access the site. The Website may contain links to third party websites that are not owned or controlled by NAR Medical Depot, LLC (NARMD®). NARMD® has no control over and assumes no responsibility for any aspects of third-party websites, including access, content, privacy policies, or practices.

Your Acceptance

Use of the Website is subject to these terms and applicable laws. Your access to and browsing of this Website constitutes your full acceptance of these terms. NARMD® reserves the right, at its sole discretion, to update or revise these terms at any time and without notice. It is your responsibility to check these terms for update. Your continued use of the Website following the posting of any changes to the terms constitutes acceptance of those changes.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by applicable law, these terms, or notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any NARMD® server, or the network(s) connected to any NARMD® server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any computer systems or networks connected to any NARMD® server or other systems, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. By using this website, you agree to abide by all restrictions set forth herein with respect to the access and use of this website. Your use of the access credentials to this website is personal to you and such credentials may not be shared with or used by third parties. You will not permit any third-party to access the website directly or indirectly through your logon information. You may not transfer, redistribute, license or sublicense, copy, reverse-engineer, disassemble, attempt to derive the source code for, modify, or create derivative works of the website information. You may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive sell, rent, lease, copy, lend, broadcast, transmit or otherwise disseminate, or distribute any part of the website information. NARMD® reserves the right to revoke access to this website for any reason, including but not limited to any use in violation of these terms.

Security

You are responsible for maintaining the confidentiality of your logon information and are fully responsible for all activities that occur under your password or username. You agree (a) to immediately notify NARMD® of any unauthorized use of your password or username or any other breach of security, and (b) to ensure you exit from your account at the end of each session.

Proprietary Rights

Copyrights

NARMD® is the owner or licensee of all copyrights in and to the content on this Website, including (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on the Website; and (ii) the design, selection, and arrangement of this Website. All rights reserved.

Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Website and the materials for the purpose of placing orders with NARMD® and obtaining and reviewing your account information. You are granted permission to view or download a single copy of the material on the Website solely to access NARMD® services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content always remains with NARMD® or its licensors. NARMD® and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Website for any purpose not expressly authorized herein without the prior written permission of NARMD® or its licensors is forbidden.

Trademarks

All trademarks, service marks, trade names, logos, and other designations (Marks) are the sole property of NARMD® or other third parties that have granted NARMD® the right and license to use such Marks. Nothing contained on this Website should be construed as granting any license or right to use any such Marks without the written permission of NARMD® or such third party that may own the Marks.

Your Information

We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Website by you and all information provided by you in any manner consistent with our Privacy Policy. Click here to read our Privacy Policy, which is incorporated into these terms by reference.

Typographical or Other Errors

NARMD® takes reasonable care and skill to provide information which is accurate and up to date on the Website, but typographical and other errors may occur. NARMD® does not undertake to update or correct such information and reserves the right to modify, delete, and rearrange any of the contents of this Website at any time without notice to you. NARMD® makes reasonable efforts to prevent unauthorized tampering with the Website, NARMD® does not guarantee its efforts will be successful. NARMD® DOES NOT WARRANTY THE WEBSITE WILL BE ERROR-FREE AND DISCLAIMS ANY LIABILITY FOR SUCH ERRORS.

Disclaimer of Warranties

NARMD® MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, FUNCTIONALITY, ABILITY TO ACCESS, OR COMPLETENESS OF THE WEBSITE OR SOFTWARE TO ACCESS OR RUN THE WEBSITE. NARMD® PERIODICALLY CHANGES THE WEBSITE, INCLUDING CONTENT AND THE LEGAL TERMS AND CONDITIONS WITHOUT NOTICE. NARMD® ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN WESBSITE OR ANY SOFTWARE TO ACCESS OR RUN THE WEBSITE. NARMD® SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THE WEBSITE. THE WEBSITE, INCLUDING ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND NARMD® DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

NARMD® makes no representation that the Website or its contents are appropriate for use in every country of the world. Your use of this Website is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Website may not be legal by certain persons or in certain jurisdictions.

Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases. However, such disclaimers will apply to the fullest extent permitted by applicable law.

Limitation of Liability

Use of the Website or software to access or run the Website is at your sole risk. While NARMD® makes reasonable efforts to ensure the safety and functionality of our Website and any software applications associated with its Website, these efforts may fail, and errors may occur. IN NO EVENT SHALL NARMD® OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER BUGS, VIRUS, TROJAN HORSES, OR THE LIKE, OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR ANY SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEBSITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER Website), ON ANY THEORY OF LIABILITY. NARMD® WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF NARMD® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NARMD'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO NARMD® FOR ACCESSING THIS WEBSITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEBSITE.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NARMD® WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases; however, they do apply to the fullest extent permitted by law.

Indemnification by User

You agree to defend, indemnify, and hold harmless NARMD® from all liabilities, claims, damages, and expenses, including without limitation attorneys' fees and costs, that arise from your use or misuse of this site or use of any software application associated with the use of the Website.

Termination

NARMD® shall have the right immediately to terminate this agreement with you and your use of the Website if it determines in its sole discretion that you have breached any of these terms or otherwise been engaged in conduct which NARMD® determines in its sole discretion to be unacceptable.

Records

A printed version of these terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, NARMD's records shall be conclusive in all respects.

General

This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings relative to such subject matter. No provision or term herein may be modified, supplemented, waived, discharged, terminated, or otherwise altered except in writing signed by the parties.

Any failure or delay by NARMD® in exercising any right or remedy provided by or relating to this agreement does not constitute a waiver and shall not prohibit NARMD® from exercising such right or remedy later or from exercising any other right or remedy available.

The provisions of these terms are separate and independent covenants. Accordingly, the invalidity or unenforceability of one or more of these provisions or covenants will not affect the validity or enforceability of the remaining provisions.

Notices and other communications given under this agreement will be in writing and effective if delivered via (a) hand-delivery; (b) certified United States mail; (c) overnight courier; (d) electronically to [email protected]; or (e) any other method in which proof of receipt can be independently verified.

Disputes regarding the provisions and performance of this agreement shall be resolved according to the Conflict Resolution Appendix (Employment/Services 2018) which is incorporated into this agreement by reference. This agreement will be governed by, construed under, and interpreted according to the laws of the State of South Carolina without regard to conflict-of-laws principles. The Parties agree the courts in Greenville, South Carolina, whether state or federal, shall have exclusive jurisdiction in any proceeding initiated between the Parties regarding this agreement.