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Terms of Use

SMART MEDICAL, INC. (“SMART MEDICAL”) owns this site (this site and the pages appearing on this site are collectively, “this Site”). The Terms and conditions set forth below (collectively, the “Terms”) govern any and all access, viewing and/or use this Site, whether directly or indirectly linked hereto from or through any other site or page, and any such access, viewing and/or use by any visitor, viewer or user of this Site (collectively, “You” or “Your” or derivations thereof).  

Your access to and use of ShopDME.com shall constitute Your agreement to be bound by, and to comply with, the Terms stated in this legal notice (“this Agreement”).  If You do not agree to these Terms, do not access or use the ShopDME.com site. 

These Terms are subject to unilateral change from time to time by SMART NOTICE without prior notice by updating or otherwise revising this legal notice. You are responsible for reviewing the ShopDME.com site for any modifications to these Terms that may affect Your rights or obligations. Any access or use after changes to these Terms are published on this Site shall constitute Your acceptance of the revised Terms. 
 
SMART MEDICAL owns ShopDME.com and all trademarks, service marks, trade names, logos, and other designations (collectively, the "Marks") appearing on this Site are the sole property of either SMART MEDICAL or other third parties who have granted SMART MEDICAL the right and license to use such Marks. Nothing contained on this Site is to be construed to grant You any license or right to use any such Marks without obtaining the prior written permission of SMART MEDICAL or such third party-owner of the Marks displayed on this Site.

Any page on this Site, and any document, image, textual, graphic, pictorial, audio-visual material and information in or on this Site or such page, are referred to collectively as the “Content”. SMART MEDICAL reserves the exclusive right, in its sole and absolute discretion, to modify, change, alter, add to, delete from or amend these Terms, this Site and/or any Content at any time and from time to time without prior notice. By accessing or using this Site, You automatically and irrevocably shall be deemed to have accepted and to be bound by any such modification, change, alteration and amendment.

This Site and any Content is designed to comply with laws and regulations of the United States. Although it may be accessible by others, this Site and the Content are intended for access, viewing and/or use by residents of the United States only. SMART MEDICAL makes no representation that this Site or any Content is appropriate for access, viewing and/or use in any other country or jurisdiction.  If You choose to access, view and/or use this Site or any Content from outside the United States, You do so on Your own initiative and shall be solely responsible for compliance with applicable local laws and regulations.  You agree that You cannot, and shall not, hold SMART MEDICAL liable or responsible in any manner in connection with any such access, viewing and/or use.

Certain of the information and data contained on this Site have been compiled by SMART MEDICAL from a variety of sources, which are believed to be accurate and reliable.  However, SMART MEDICAL makes no warranties or representations, express or implied, as to their accuracy, completeness, efficacy, merchantability, quality, fitness for a particular use or purpose, non-infringement or otherwise. Without limiting the foregoing, everything on the site is provided to You "AS IS" without recourse of any kind against SMART MEDICAL. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You in such jurisdictions only. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties. 

The Content may contain information related to medical conditions, treatments and devices. This Site does not purport, represent, assure, warrant or guarantee the efficacy thereof or to provide You with medical advice of any kind whatsoever. You should consult a physician or other medical professional for advice regarding any medical condition, treatment or device.

Unless otherwise noted, product names, descriptions and labeling are of U.S. origin.  Products may not be available, or may be available under a different name or designation, under different terms and conditions than these Terms or for different indications, in any other country or jurisdiction. Any product listed or mentioned on this Site may be discontinued without prior notice or may not be available even if it is listed or mentioned on this Site. Many of the products listed are available only by prescription through Your local medical professional. SMART MEDICAL cannot and does not assure, represent, warrant or guarantee the information, opinions or advice provided with respect to suggested product selection, treatment formulas and reimbursements in connection with any product, insurance company or health care provider. This Site and any Content contains or may contain information and/or statements that are forward-looking and involve risk and uncertainties, including, without limitation, risk associated with the inherent uncertainty of medical research, product development and commercialization, the impact of competitive products, patent, product liability and third-party reimbursement risk associated with the medical industry, and other risks and uncertainties. Actual results may differ from such forward-looking information.

1.  Use

You may download onto Your personal computer any Content for the sole purpose of lawfully accessing and reviewing the Content on such computer for Your personal, non-commercial use on the condition that any copyright, trademark, patent or other proprietary rights notices related to such Content appearing on this Site or in such Content are downloaded together with such Content and such notices are not changed, altered, deleted, covered or added to in any way.

 
2.  Restrictions on Use

Other than as permitted under section “1” of these Terms, without SMART MEDICAL’S prior written consent or if it is expressly and specifically permitted by SMART MEDICAL on this Site, the Content or any part thereof may not, directly or indirectly, be:  (i) copied, reproduced, downloaded, uploaded, transmitted, sent, e-mailed, changed, altered, deleted, covered or added to, or used in any way to create a derivative work therefrom; or (ii) stored or used on or in a networked computer environment, other website or webpage, bulletin board, blog, messaging board, publication, or any electronic, digital, tangible, audio, visual, or audio-visual medium; or (iii) used for any marketing, advertising or commercial purpose, or in any manner or for any purpose that is unlawful or infringes or violates any rights (including, without limitation, any intellectual property rights, privacy rights, personal rights, commercial rights, civil rights, or constitutional rights) of any person or entity (all the foregoing are collectively, “Use”).   You agree that SMART MEDICAL shall be the sole owner of any copyright and other intellectual property and ownership rights in any derivative work created from any Content or part thereof, whether with or without SMART MEDICAL’s consent.
 
3.  Submissions

You may provide us with any lawful comment, remark, suggestion, critique, story, statement, idea, photo, image, document or material of any kind (collectively, “Submissions” or individually, “Submission”) by mail or e-mail as instructed on this Site as long as the Submission does not violate any law or right of any person or entity and is not threatening, libelous, slanderous, defamatory or pornographic. SMART MEDICAL does not return any Submissions. Accordingly, please do not submit originals or documents You would like to keep. By submitting a Submission, You transfer and assign to SMART MEDICAL sole ownership in such Submission together with any copyright and other intellectual property right therein and thereto.

All information, ideas, suggestions or other communications You transmit to SMART MEDICAL concerning the materials contained on this Site will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy. SMART MEDICAL will be free to reproduce, use, disclose and distribute such communications without limitation or obligation, and without accounting to, or compensating, You therefore. You may also post reviews, comments, photos and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.

For all of the content that You post or submit to SMART MEDICAL, You shall be deemed, irrevocably and unconditionally, to have granted SMART MEDICAL a perpetual, unfettered, nonexclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through all media, including, but not limited to, the broadcast of such content on television. You also shall be deemed, irrevocably and unconditionally to have granted SMART MEDICAL and its sub-licensees the unfettered, royalty-free right to Use the name that You submit in connection with such content.  You shall be deemed to represent and warrant that You own or control all of the rights to the content that You post or submit, that the content is accurate, that use of the content You supply will not violate these Terms and will not cause injury to any person or entity, and that You shall defend (with attorneys approved by SMART MEDICAL) and indemnify SMART MEDICAL and hold SMART MEDICAL harmless from and against all claims resulting from any content that You supply. The foregoing indemnity shall include SMART MEDICAL’s owners, employees, agents and contractors (collectively, “SMART MEDICAL’S Related Parties”). SMART MEDICAL has the right, but not the obligation, to monitor any activity and to edit or remove any content posted by You or anyone else. SMART MEDICAL takes no responsibility and assumes no liability for any content posted by You or by any third party. 

Any Submission submitted by You is submitted at Your own risk. SMART MEDICAL is not required to make Use of any Submission and reserves the right to reject or refuse any Submission or any ownership rights in or responsibility for any Submission; and any Use made by SMART MEDICAL is in SMART MEDICAL’S sole and absolute discretion.
 
4.  Placing an Order

SMART MEDICAL reserves the unfettered right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on SMART MEDICAL, and may be adjusted by SMART MEDICAL at any time without Your consent. Your placing an order and Your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to, or after, accepting Your order. Your order, or any portion thereof, may be declined even after You receive an order confirmation. 

5.  Privacy

SMART MEDICAL’S Use of Your personal data is governed by SMART MEDICAL’S Privacy Statement, which is not subject to any of the disclaimers and limitations of liability contained in these Terms.
 
6.  DISCLAIMER

YOU ACCESS AND USE THIS SITE AND ANY CONTENT IN OR ON THIS SITE AT YOUR OWN RISK. SMART MEDICAL PROVIDES ANY ACCESS AND USE TO THIS SITE AND ANY CONTENT IN OR ON THIS SITE ON AN “AS IS”, “WHERE IS” BASIS. SMART MEDICAL DOES NOT GIVE ANY ASSURANCES OR MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES OR COVENANTS WITH REGARD TO OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON THIS SITE, OR THE USE OR ACCESSIBILITY OF ANY CONTENT ON THIS SITE. SMART MEDICAL DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTIES AND COVENANTS, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WORKMANSHIP, TITLE, LICENSE AND NON-INFRINGEMENT.
 
7.   IMMUNITY FROM LIABILITY

YOU SHALL BE SOLELY RESPONSIBLE TO PROVIDE, PAY FOR AND ENSURE ANY INTERNET CONNECTION AND THE USE OF ANY COMPUTER, HARDWARE AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THIS SITE, AND TO PAY FOR AND MAINTAIN SUCH CONNECTION, COMPUTER, HARDWARE AND SOFTWARE. SMART MEDICAL IS NOT, AND SHALL NOT BE, LIABLE FOR ANY DAMAGE, LOSS, INJURY, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF BUSINESS, FAILURE OF PERFORMANCE, INACCESSIBILITY OF THIS SITE OR ANY PAGE OR CONTENT HEREON, POSTING OR TAKING OFF ANY CONTENT FROM THIS SITE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, WORK, LINE FAILURE, ACT OR OMISSION. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SMART MEDICAL OR ANY OF SMART MEDICAL’S OWNERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE IN ANY MANNER FOR ANY DAMAGE, LOSS, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR OTHER DAMAGES OF ANY KIND, LOSS OF PROFIT, OR TANGIBLE OR INTANGIBLE LOSS OR DAMAGE RESULTING THEREFROM, OR IN CONNECTION THEREWITH.
 
8.  Links, Linked or Framed Sites, Framing

Links to other Internet sites operated by third parties, including SMART MEDICAL suppliers, do not constitute sponsorship, endorsement or approval by SMART MEDICAL of the content, policies or practices of such linked sites. SMART MEDICAL is not responsible for the availability, content, security, policies or practices of linked sites, including (without limitation) the accuracy, completeness or efficacy of content on linked sites and the privacy policies and practices of linked sites. SMART MEDICAL may post these links to any sites or pages outside this Site, which are provided solely for Your convenience.  Your access to or use of such links, sites or pages is at Your own risk. In other cases, You may access this Site through the link on another website or page or framed by another site. In no event shall SMART MEDICAL be responsible or liable for any link, any site or page linked from this Site or linking to this Site, any site or page framed by this Site or part of it or framing this Site or any part of it, or for any contents, data, materials, software, code, virus, worm, or other thing contained in, transmitted by or affecting any such link, linked site or page, linking site or page, framed site or page, or framing site or page.
 
9.  Marks and Copyrights

Unless identified otherwise, all documents, texts, textual and literary works, images and pictorial works, audio, visual, and audio-visual materials and works, screens, graphics, flash and similar executions, and any copyright in them, are owned by SMART MEDICAL or an entity or person affiliated with it. SMART MEDICAL is the owner of numerous registered and unregistered trademarks, service marks and names, including, without limitation, the following: SMART MEDICAL, the “SMART MEDICAL DESIGN” logo, the “ShopDME” Design and the “MANAGE YOUR PRACTICE, MANAGE YOUR FUTURE” service Mark. In addition, this Site may display or use Marks and names of any third party, whether or not so identified on this Site. SMART MEDICAL does not grant, and nothing on or in connection with this Site or these Terms grants or shall be deemed to grant, You or any other person, entity or party any right or license regarding any: (i) of these Marks and names, or any other trademarks, service Marks, trade dress, trade name, corporate name, business name of SMART MEDICAL or any other person, entity or party; or (ii) copyrights or copyrighted materials, information, data, software or code of SMART MEDICAL (except to the extent necessary to access and Use this Site as expressly set forth in these Terms).

You are authorized to Use this material only for personal, non-commercial purposes.  You may download, print and store copies of this material for Your own personal, non-commercial use only. The images displayed on this Site are either the property of, or used with permission of third party-owners by, SMART MEDICAL. The Use of these images by You, or anyone else authorized by You, is strictly prohibited unless specifically permitted by these Terms or specific permission is provided elsewhere on this Site. Any unauthorized Use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on this Site shall be construed to grant, by implication or otherwise, any license or right to Use any trademark or service Mark displayed on this Site without the express prior written permission of SMART MEDICAL or any third party that may own the trademarks or service Marks displayed on this Site. SMART MEDICAL will aggressively enforce its intellectual property rights to the fullest extent of the law.  SMART MEDICAL reserves exercising all rights and seeking all remedies to immediately stop any infringement or other violation of its rights (such as libel, slander, defamation, or any tortuous conduct) and seek compensation for any damages sustained as a result of the infringement or violation of its rights.
 
10.   No Obligation to Maintain Site; Termination

SMART MEDICAL has no obligation or duty to maintain or keep this Site accessible.  SMART MEDICAL may, at any time, with or without prior notice, suspend, shut down, prevent access, undertake maintenance or take any other action or engage in any omission, without being liable to You or anyone else.  

SMART MEDICAL or You may terminate this Agreement and any and all rights to access and Use this Site as set forth in these Terms at any time, with or without prior or specific notice. For example, You agree that SMART MEDICAL may terminate this Agreement by simply blocking Your access to this Site (unless such blocking of access is illegal under applicable law), closing this Site, or taking any other action or engaging in any omission. You may terminate this Agreement by irrevocably deleting and destroying any copies and installations of this Site and any Content. Upon termination of this Agreement by SMART MEDICAL or You, You must irrevocably delete and destroy any such copies and installations. The use of your Submissions, your indemnity in favor of SMART MEDICAL and its Related Parties in section “3” above and SMART MEDICAL’s disclaimers and immunity from liability in sections “6” and “7” above shall survive the termination of this Agreement.
 
11.   Miscellaneous

You and SMART MEDICAL are independent contractors, each without the power or authority to bind, contract for or commit the other. SMART MEDICAL is not, and nothing in these Terms, on this Site or in any Content shall be interpreted, directly or indirectly, to make SMART MEDICAL and You to be partners, joint venturers, co-owners or other participants in a joint or common enterprise or undertaking, or to make SMART MEDICAL as Your employer or agent, or to make You an employee or agent of SMART MEDICAL.

Nothing in these Terms, on this Site, or in or on any Content, or any act or omission, including, without limitation, selection or seeking or failure to select or seek a certain right or remedy, constitutes, and shall not be construed to constitute, any waiver of any right or remedy provided under this Agreement or available at law or equity, or any waiver of a breach of this Agreement.  Any such waiver must expressly be stated in writing by SMART MEDICAL.

Should any section or portion of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body having jurisdiction, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.

These Terms constitute the entire Terms and Agreement regarding the access and Use of this Site, any Content and any Submissions. SMART MEDICAL may, at any time, without the need for notice, assign, transfer, convey or delegate any rights or obligations under these Terms.

THESE TERMS, AND THE INTERPRETATION AND ENFORCEMENT OF ANY RIGHT, OBLIGATIONS AND INDEMNITIES IN CONNECTION WITH OR SET FORTH IN THESE TERMS, SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS THAT WOULD OTHERWISE REQUIRE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.   EXCEPT FOR ANY LITIGATION OR PROCEEDING BY SMART MEDICAL TO OBTAIN ANY INJUNCTIVE RELIEF, SMART MEDICAL AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF COMPETENT STATE AND FEDERAL COURTS IN THE STATE OF NEW YORK FOR ANY LITIGATION OR PROCEEDING IN CONNECTION WITH THESE TERMS, THIS SITE, ANY CONTENT, ANY SUBMISSION, ANY PERSONAL INFORMATION, AND ANY OTHER MATTER RELATED THERETO, AND TO THE VENUE OF SUCH LITIGATION OR PROCEEDING IN ROCHESTER, NEW YORK, UNITED STATES OF AMERICA.
 

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