TERMS AND CONDITIONS

Welcome to the OrthoCare Medical Equipment, LLC (“OrthoCare”) website!  Please review these Terms and Conditions of Use carefully before using this site.  The Terms and Conditions of Use constitute an agreement between OrthoCare and users of the website (“you” or “users”).   By entering the OrthoCare website, you agree to abide by the Terms and Conditions of Use.

LIMITED LICENSE

Subject to your strict compliance with these Terms and Conditions of Use, OrthoCare grants you a non-exclusive, non-transferable, limited right to access, use, and display the website for informational purposes and legitimate business purposes.  You agree not to interrupt or attempt to interrupt the operation of the website.  You also agree not to access or attempt to access other areas of the OrthoCare computer system or other information contained on the system for any purposes.  Use of this site for purposes other than informational purposes and/or legitimate business purposes is strictly prohibited.

OrthoCare’s website and all content and images contained within the website, including any and all copyright, trademark, service mark, trade dress, patent and other rights therein (collectively, “Intellectual Property Rights”), are owned by or licensed to OrthoCare. Nothing contained on this website should be construed as granting to you any license or right in or to such information or Intellectual Property Rights, without the express written permission of OrthoCare.

You agree not to copy, use or otherwise infringe upon any Intellectual Property Rights of OrthoCare or any third party whose content and/or images are displayed or used on the site. You further agree that you will not alter or remove any trademark, copyright or other notice regarding Intellectual Property Rights from copies of the information you download from the OrthoCare website.  Moreover, you agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the OrthoCare website, including any and all content or images contained within the same in a commercial manner or a manner which violates these Terms and Conditions of Use.

DISCLAIMER

NEITHER ORTHOCARE NOR ANY OWNER, EMPLOYEE, AGENT, LICENSOR, VENDOR, SUPPLIER, AND OTHER THIRD PARTY CONTENT PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, CONTENT, IMAGES, AND/ OR ANY SERVICES PROVIDED HEREIN. THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS.  ORTHOCARE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY AND/OR COMPLETENESS; RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE; FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; NON-INFRINGEMENT; AND WARRANTIES THAT THE WEBSITE AND/OR ITS USE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY OPINIONS, ADVICE, STATEMENTS, OR INFORMATION THAT IS DISPLAYED, DISTRIBUTED, OR OTHERWISE SHARED ON THIS SITE SHALL BE AT YOUR OWN RISK. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. THE COMPANY RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION, AS NECESSARY, TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, AND/OR TO EDIT, REFUSE TO POST, OR REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN ORTHOCARE’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT.

NEITHER ORTHOCARE NOR ITS OWNERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, SUPPLIERS, AND OTHER THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF PROGRAMS OR DATA, OR INTERRUPTION IN BUSINESS ACTIVITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIRD PARTY WEBSITES AND HYPERTEXT LINKS

This website may be linked to websites that are maintained by third parties.  Links to other websites are provided by OrthoCare for your convenience.  OrthoCare is not responsible for the content of those websites.  It makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon.  Links do not imply that OrthoCare sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trademark, trade name, logo, copyright symbol of OrthoCare.

CROSS-REFERENCE INFORMATION

Any product cross-reference information displayed on this website does not imply that all products being compared are available or that the products are the functional equivalent in terms of performance and other characteristics.  You should review the specifications of the products in detail prior to making any purchases.

CHANGES TO WEBSITE AND/OR PRODUCTS AND SERVICES

You acknowledge that, while we make an effort to keep you updated on important changes, the website may be changed, modified, or updated at any time and for any reason without direct notice to you.  OrthoCare may also make modifications or changes in, or discontinue, any products, services or programs offered by it at any time with or without notice.  In addition, we reserve the right to remove, screen, edit, or reinstate content, including third-party user content, from time to time in our sole discretion with or without notice to you.

SUBMISSIONS

All comments, suggestions, ideas and other information communicated to OrthoCare through the website will become the property of OrthoCare.  Unless otherwise agreed upon, in writing, all such information is presumed to be a part of the public domain such that OrthoCare has no obligation to treat the information as confidential.

INFORMATION PROVIDED BY YOU

OrthoCare collects various types of information from its website visitors.  The web server for OrthoCare collects general data pertaining to every website visitor, including the IP address, the domain name, web pages accessed on the site, length of time spent on the site.  This information is collected to aggregate statistical information, facilitate system administration, improve web content, and for other business purposes.   OrthoCare may also retain the content of the communications that are sent to customer service representatives.  This information helps OrthoCare to improve the visitor’s experience on the website and to facilitate a timely response to visitors.

In addition, OrthoCare collects transactional information from purchasers of products and services on our website, including shipping information and credit card number/expiration date.  Any personally identifiable information you provide in connection with a transaction or while otherwise using the website is protected by the Privacy Policy associated with this website.

FOREIGN CORRUPT PRACTICES ACT

To the extent you purchase any products or services from OrthoCare, you represent and warrant that (a) you are not an agent of OrthoCare; and (b) you have not and will not pay anything of value to any government employee in connection with the resale of such products and/or services.

INTERNATIONAL USERS

This website is controlled, operated and administered by OrthoCare from its offices within the United States of America.  OrthoCare makes no representation that products and/or services at this site are appropriate for use at other locations outside of the United States and access to them from territories where the contents thereof are illegal is prohibited.  You may not use this website or export any products or services purchased on this site in violation of United States export laws and regulations.  If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.

GOVERNING LAW

The laws of the State of New Hampshire govern these Terms and Conditions of Use. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Hillsborough County, New Hampshire for the resolution of all disputes arising out of use of OrthoCare’s website, including any disputes related to the products and services offered therein.

INVALIDITY

If these Terms and Conditions of Use, or any portion thereof, is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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 these Terms and Conditions of Use shall continue in full force and effect.