GENERAL TERMS OF SERVICE
Your use of ProMedicus USA, INC. products available at www.promedicususa.com is subject to the terms of this legal agreement between you and ProMedicus USA, INC.
This Terms of Service document ( “TOS”) sets out the conditions under which we make the ProMedicus USA, INC. products on www.promedicususa.com (the “Site”). In this TOS, “we” and “us” means ProMedicus USA INC., an Alabama Company, and “you” means the user or customer. “Both of us” or “Either of us” means both or either of you or ProMedicus USA INC.. This TOS discusses important limitations about the way you may use and rely upon materials you find on the Site. By using the Site, you will be deemed to have accepted the contents of this TOS. If you do not accept the contents of this TOS or if your right to use the Site has been terminated (see below), you may not use the Site.
LIMITATION ON USE
You are only authorized under this TOS to use the Site individually. By requesting to use, and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this TOS and you agree to abide by the contents of this TOS.
ELIGIBILITY TO USE THE SITE
ProMedicus USA, INC. sells products for adults and youths, but we sell them to adults, who can purchase with a credit card or other approved payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept this TOS in order for such Minor to use the Site. A parent or guardian who accepts this TOS on behalf of a Minor will be primarily liable for ensuring complete and proper adherence to this TOS, including any payment obligation. A parent or guardian who accepts this TOS on behalf of a Minor will continue to be primarily liable for the obligations set out in this TOS even after the Minor has attained the age of 18, unless the parent or guardian obtains ProMedicus USA, INC. ’s express written consent to the contrary. You may submit or arrange for the collated submission of orders on behalf of an organization. In such case, if you identify yourself as an organizer of that business or organization, then you promise that you are authorized on behalf of the organization to enter into this Agreement and you have authorization to obtain and provide to ProMedicus USA, INC. information about the Organization, solicit the Order Information (see below) from other members of the Organization on behalf of the Organization, and that the agreements in this TOS are made by you both individually and on behalf of the Group. Due to restriction on the storage and use of personal information, no person under the age of 13 may use the Site. Any information relating to a person under the age of 13 must be submitted by parent or guardian of such individual. You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Site, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of this TOS.
ProMedicus USA, INC. attempts to be reasonably accurate. However, ProMedicus USA, INC. does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free.
In providing Order Information to ProMedicus USA, INC. via the Site you grant ProMedicus USA, INC. the nonexclusive, royalty-free, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Order Information for the purpose of providing you goods and services through the Site, and may use and disclose it for marketing purposes and in aggregate form, for benchmarking, improvements to products and services, or marketing. You represent and warrant to ProMedicus USA, INC. that you own or otherwise control all of the rights to the Order Information that you make and have the right to submit it for this purpose; that ProMedicus USA, INC. ’s use of the Order Information shall not violate any third party rights.
The rights you are granting ProMedicus USA, INC. pursuant to this TOS and the representations and warranties regarding the Order Information include, without limitation, slogans, logos, photographs and other artwork, and ProMedicus USA, INC. ’s ability to modify and adapt such materials as necessary in order to make customized products for you, and includes providing or arranging for access to team rosters, which may include individual names, numbers, and size information. You agree to indemnify ProMedicus USA, INC. , in full, for all claims resulting from any violation of your agreements, representations and warranties contained in this TOS.
ORDERS PROCESS & PRICING
The total price required for a purchase on the Site depends on a number of factors that may change between the time you begin adding items to your cart and the time you submit your final order. Products on the Site have a price associated with each product. Further, your total purchase price may be affected by factors such as particular customization requests and your shipping address. It is important that you properly review your complete order, including the final total purchase price and the final individual item prices, before submitting your order.
Your submission of an order is an offer by you to purchase the items selected at the prices indicated immediately prior to your submission of the request. This offer remains open until ProMedicus USA, INC. emails you to confirm that it has or has not been accepted (e.g., if an item has become unavailable). ProMedicus USA, INC. cannot confirm the price of an item until after your order is placed.
Despite ProMedicus USA, INC. ’s commercially reasonable efforts, some items may be mispriced. ProMedicus USA, INC. reserves the right to cancel any orders, with no further obligations to you, even after your receipt of the order confirmation mentioned above or a shipping notice. ProMedicus USA, INC. may, at its discretion, either contact you for instructions or cancel your order and notify you of the cancellation.
Items sold on the Site may be subject to sales tax. Prior to submitting your order, you will see an estimate of the tax to be collected. The amount of tax actually charged on your order will depend on various factors, including the items purchased, customization and the shipment destination.
ProMedicus USA, INC. ships worldwide and many countries have imposed duty fees/taxes that will be invoiced before or after your products are delivered. These duty fees are a responsibility of the client to pay – not on ProMedicus USA, INC. . We primarily ship with FedEx and DHL. To read up on their policies please visit their official websites.
ProMedicus USA, INC. accepts standard credit cards for payment for orders. Due to the custom nature of some of the orders, ProMedicus USA, INC. charges your credit card at the point the order has been accepted.
TITLE AND RISK OF LOSS
Risk of loss and title of items purchased on the Site passes to you upon delivery of the items to the common carrier.
Intellectual Property RIGHTS
ProMedicus USA, INC. (or the third parties providing materials through the Site) retains all trademark, copyright, trade dress and other proprietary rights in the Site or the materials available through the Site. You may not modify the materials in the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials in the Site are trademarked and copyrighted and any unauthorized use of any materials at the Site may violate copyright, trademark, and other laws.
REVIEWS / COMMENTS
You may use comment or other features, if provided via the Site, to provide reviews of products, suggestions or other communications (your “Reviews / Comments”), but in providing Reviews / Comments to ProMedicus USA, INC. with the Site you grant ProMedicus USA, INC. the nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Reviews / Comments throughout the world in any media. You promise ProMedicus USA, INC. that you own or otherwise control all of the rights to the Reviews and Comments that you make and have the right to submit it for this purpose; that the content is accurate; that use of the Reviews / Comments you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ProMedicus USA, INC. for all claims resulting from content you supply. ProMedicus USA, INC. has the right but not the obligation to monitor and edit or remove any activity or content. ProMedicus USA, INC. takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT AND TRADEMARK POLICIES
It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the right of infringers to use the Site.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. In no event will ProMedicus USA, INC. , its suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
You agree to indemnify, hold harmless and defend ProMedicus USA, INC. and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by ProMedicus USA, INC. , due to or arising out of your Reviews / Comments, your use or misuse of the Site, your violation of this TOS, or your violation of any rights of another.
LOGOS / Trade Names
You agree to indemnify, hold harmless and defend ProMedicus USA, INC. and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by ProMedicus USA, INC. , due to or arising out of your use of logos or trade names, your use or misuse of the Site, your violation of this TOS, or your violation of any rights of another.
CHANGES TO THE SITE; TERMINATION
Certain provisions of this TOS may be superseded by expressly designated legal notices or terms located on particular parts of the Site. ProMedicus USA, INC. may, at any time, modify the Site, or stop (permanently or temporarily) providing the Site (or any features within the Site) to you at ProMedicus USA, INC. ’s sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if ProMedicus USA, INC. believes you have breached or may breach any provision of this TOS; or if the provision of the Site to you is, in ProMedicus USA, INC. ’s opinion, no longer commercially viable. Upon any such termination, the provisions of this TOS shall continue in effect except you are no longer authorized to use the Site; termination shall not relieve you for liability for breach occurring prior to termination.
AMENDMENT AND UPDATING OF THIS TOS; ELECTRONIC SIGNATURES
ProMedicus USA, INC. may desire to make changes to this TOS from time to time to update it, for example to add references to different products and services. ProMedicus USA, INC. may specify amended or updated terms that apply to the use of Site after the effective date of such amendment or update, and ProMedicus USA, INC. shall make a new copy of this TOS available to you and may require you to accept it as a condition to the continued provision of the Site to you. In addition, the continued use of the Site after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of this TOS shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Site. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
ProMedicus USA, INC. administers the Site from its offices in Madison, Alabama. ProMedicus USA, INC. makes no representation that the Site is appropriate or available for use outside the United States, and access to the Site from territories where its use is illegal is prohibited. You may not use or export or re-export the Site or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. This TOS will be governed by and construed in accordance with the laws of the state of Alabama, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Madison County, Alabama, USA to resolve any legal matter arising from this TOS. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to change the location of Site administration without advance notice.
If you have any questions about this TOS or the Site you may contact: firstname.lastname@example.org.