ACCEPTANCE
By accessing, viewing, using or shopping at gromedics.com ("Website"), you acknowledge that you have read, understand, and agree with these Terms of Use ("Agreement"). If you do not wish to be bound by these terms, please do not use this Website. If you accept this Agreement in accordance with the foregoing, then GROMEDICS®. ("GROMEDICS") shall grant you a limited, non-assignable, non-exclusive and revocable license to access and make personal use of this Website.

GROMEDICS® only sells its products to adults who can purchase with a credit card or other permitted payment method. Accordingly, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.


MODIFICATIONS TO AGREEMENT AND WEBSITE
GROMEDICS® may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any and all such modifications will become effective upon the date they are first posted to this Website. It is your responsibility to return to this Website from time to time to review the most current Agreement. GROMEDICS® does not and will not assume any obligation to notify you of changes to this Agreement. Further, GROMEDICS® reserves the right to refuse service, terminate accounts, remove or edit Content (defined below), and to cancel orders in its sole discretion.


WEBSITE OWNERSHIP AND USE
All information, images, designs, photographs, writings, data, and other materials featured in any banner or other advertising on this Website are the property of third parties. All other information contained on this Website, including without limitation all images, designs, photographs, writings, data, and other materials, are the property of GROMEDICS® and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. All content provided by third parties and GROMEDICS® are referred to collectively as "Content".

You are not permitted to use any Content without the prior written consent of the party who owns it. You must also retain all copyright and other proprietary notices on all copies of the Content. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Content. Except as provided in this Agreement, GROMEDICS® does not grant you any express or implied right to use its Content.

You further agree not to use any data mining, robots or similar data gathering and extraction methods in connection with your use of this Website.


ACCOUNTS
To purchase goods using this Website, you must create an account using accurate information. You are responsible for maintaining the confidentiality of your account password. You are responsible for damages resulting from all uses of your account, whether actually or expressly authorized by you, unless access to your account was obtained through no fault or negligence of your own. GROMEDICS® will not be liable under any theory for any losses caused by the unauthorized use of your account.


ACCOUNT TERMINATION
Without limiting its other remedies, GROMEDICS® may terminate your account at any time if you are determined to have violated this Agreement or for any other reason, as determined in the sole and absolute discretion of GROMEDICS®. GROMEDICS® will not be liable under any theory for any losses caused by the termination of your account.


RISK OF LOSS
All items purchased from GROMEDICS® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Any damage must be noted upon receipt on the bill of lading prior to signing for delivery. Failure to note freight damage will result in automatic denial of any insurance claim.


PRICING
All prices are listed in U.S. Dollars. Except where noted otherwise, the list price displayed for products on this Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

Items in your Shopping Cart will always reflect the most recent list price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.

Some discounts are limited-time offers. Also, as the discount we are able to offer for any item is dependent upon its availability, our price will necessarily change on occasion.

Accordingly, with respect to items sold by GROMEDICS®, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Your credit/debit card will be charged at the time that you place your order.


SURCHARGES
Oversized and extremely heavy products will incur a special shipping surcharge. The surcharge varies depending on the size and weight of the shipment. This charge will be displayed in the shipping & handling subtotal of the order form. Additional accessorial surcharges may be applied to remote rural areas, construction sites, and limited access areas such as churches, schools, and any other special requirements besides standard curbside delivery. Shipments subject to such accessorial charges may not be eligible for free shipping special offers.


PRODUCT DESCRIPTIONS
GROMEDICS® attempts to be as accurate as possible when describing the products sold on this Website. However, GROMEDICS® does not warrant that product descriptions provided by our suppliers or other Content of this Website are/is accurate, complete, reliable, current, or error-free. If a product offered by GROMEDICS® itself is not as described, your sole remedy is to return it in unused and damage-free condition. Please see our Cancellation & Return Policy for additional information. Accordingly, you shall not be entitled to a credit card chargeback based on any claim that the product was not as described, unless it was defective, in which case the terms and conditions of the following paragraph shall apply.


CHARGEBACKS
If you claim that the product delivered was defective, you agree to notify GROMEDICS® and return the product in unused and damage-free condition prior to attempting a credit card chargeback. If the product is not found to be defective upon return, as determined in the sole discretion of GROMEDICS®, then you shall not be entitled to a chargeback. Please further note that all sales are final on special order items. All returns shall be made at your sole expense. Please see our Cancellation & Return Policy for additional information. If you claim that the product was never received, you must notify GROMEDICS® so that we may investigate the status of the shipment. You agree not to attempt a credit card chargeback for fifteen (15) days following the date of such notification, and any attempt made in violation of this sentence shall be void. You also agree that any attempted credit card chargeback for any reason whatsoever shall be void if filed over thirty (30) days following the date of sale. Even if your credit card chargeback is successful, GROMEDICS® reserves the right to pursue all legal remedies necessary to collect the product purchase price and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to an improper credit card chargeback.


HYPERLINK DISCLAIMERS
This Website may from time to time link to websites operated by other entities ("Linked Sites"). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by GROMEDICS®. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by GROMEDICS®. GROMEDICS® does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that GROMEDICS® sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of GROMEDICS® or any of its affiliates or subsidiaries. Except for links to information authored by GROMEDICS®, GROMEDICS® is neither responsible for nor will it be liable under any theory based upon (I) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. GROMEDICS® reserves the right to discontinue or block any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon. It is also recommended that you review the terms of use applicable to each Linked Site prior to viewing and/or transacting any business there.


INTERNATIONAL USERS
Although this Website can be accessed from countries around the world it is controlled, operated and administered by GROMEDICS® from its offices within the U.S.A. GROMEDICS® makes no representation that the Website, or the Content available through the Website, is appropriate or available for use at locations outside the U.S.A and access to the Website from locations where the Website or any of its Content is illegal is prohibited. If you access the Website from a location outside the U.S.A., you are responsible for compliance with all local laws.

Under United States Export Administration Regulations, our products may not be exported or re-exported to any country to which the United States embargoes goods, including, but not limited to, Cuba, Iran, North Korea, Sudan, Syria, Burma, Zimbabwe, Côte d'Ivoire (Ivory Coast), and Democratic Republic of the Congo. By using this Website, you are certifying that you are not a national of any country to which the United States embargoes goods.

You are solely responsible for the payment of all export and import duties in connection with your purchase of products using this Website.


LIMITED WARRANTIES ON PRODUCTS
GROMEDICS® offers certain non-transferrable Limited Warranties to the original retail purchaser of its products, as further described under Warranty Information.


DISCLAIMER OF WARRANTIES ASSOCIATED WITH WEBSITE
YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULLEST EXTENT PERMITTED BY LAW, GROMEDICS®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

GROMEDICS® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DESCRIPTION OR NATURE OF PRODUCTS AVAILABLE THROUGH THIS WEBSITE OR LINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND PURCHASE THEREOF, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS WEBSITE AND/OR ANY CONTENT OF THIS WEBSITE. GROMEDICS® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GROMEDICS® WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY AND ALL IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.


LIMITATION OF LIABILITIES
IN NO EVENT SHALL GROMEDICS®, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USE OF PRODUCTS AVAILABLE THROUGH THIS WEBSITE OR LINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR PURCHASE THEREOF, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE AND/OR ANY CONTENT OR THE PURCHASE OF ANY PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

GROMEDICS® SHALL NOT BE LIABLE UNDER ANY THEORY FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ALL LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. ALL LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT SHALL APPLY WHETHER OR NOT DURAFIED IS ADVISED OF THE RISK OF HARM OR DAMAGE.


LIMITATIONS ON CLAIMS
Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises or it will be deemed waived.


ACCEPTABLE USE
This Website is provided solely for the use of current and future customers of GROMEDICS® to provide information about our company, to permit you to place orders for our products, and to enable you to contact us with any questions or comments that you may have. Any other use of this Website is prohibited. By way of example, you should not use any current or future features of this Website that permit communications or postings to post, transmit, display, or otherwise communicate any defamatory, threatening, obscene, harassing, invasive, objectionable or unlawful information; any advertisement, solicitation, spam, chain letter, or other similar type of information; any encouragement of illegal activity; unauthorized use or disclosure of private, personally identifiable information of others; or any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so. Also, you shall not use a false email address or impersonate any person or entity.

If you do post content or submit material, and unless we indicate otherwise, you grant GROMEDICS® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GROMEDICS® and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GROMEDICS® for all claims resulting from content you supply. GROMEDICS® has the right but not the obligation to monitor and edit or remove any activity or content. GROMEDICS® takes no responsibility and assumes no liability for any content posted by you or any third party.


INDEMNIFICATION
You agree to indemnify, defend, and hold harmless GROMEDICS®, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of this Website, violation of this Agreement, improper credit card charge backs, violation of any law or regulation, or violation of any proprietary or privacy right.


INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of this Agreement will cause irreparable damage to GROMEDICS®, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that GROMEDICS® shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by GROMEDICS® in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.


PRIVACY POLICY
Our Privacy Policy governs the use of information that GROMEDICS® obtains from you through your use of this Website. The Privacy Policy is incorporated into this Agreement by reference. Except as set forth in the Privacy Policy or in this Agreement, your personal information will be deemed to be confidential. Any non-personal information or material provided to us will generally be deemed to NOT be confidential. You understand and agree that GROMEDICS® may disclose information about you if GROMEDICS® has a good faith belief that it is required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of GROMEDICS® or others, or as stated in our Privacy Policy.


TERM AND TERMINATION
Without limiting its other remedies, GROMEDICS® may immediately discontinue, suspend, terminate, or block your and any user's access to this Website at any time in its sole discretion.


CONTROLLING LAW, JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. GROMEDICS® makes no representation that the materials are appropriate or available for use outside the State of Michigan. If you access this site from outside the State of Michigan, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Oakland County and the United States District Court for the Eastern District of Michigan for any disputes with GROMEDICS® arising out of your use of this Website.


COPYRIGHT INFRINGEMENT
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C 512(c)(3) ("DMCA") by providing our Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GROMEDICS® designated Copyright Agent to receive notifications of claimed infringement is: GROMEDICS®, 2715 Nakota Rd, Royal Oak, Michigan 48073. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through http://www.gromedics.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the Eastern District of Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, GROMEDICS® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GROMEDICS® 's sole discretion.


ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from GROMEDICS® solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded button or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.


ENTIRE AGREEMENT
This Agreement, together with the Warranty Information, Privacy Policy, Cancellation & Return Policy and all other legal notices published by GROMEDICS® on this Website, shall constitute the entire agreement between GROMEDICS® and you with respect to this Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and GROMEDICS® with respect to this Website. In the event of a conflict between this Agreement and the Warranty Information, Privacy Policy, Cancellation & Return Policy or any other legal notices published by GROMEDICS® on this Website, the terms and provisions of this Agreement shall control. A printed version of this Agreement, Warranty Information, Privacy Policy, Cancellation & Return Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GROMEDICS® without restriction.


SAVINGS CLAUSE
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect.


WAIVER
Any failure by GROMEDICS® to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.


CAPTIONS
The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.


LANGUAGE
It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. All notices sent under this Agreement must likewise be provided in English.