USHealthTests.com Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND CONDITION OF
SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS
WEB SITE (THE "SITE") OPERATED BY USHealthTests.com YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree
to this User Agreement, and all of its terms and conditions, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at any time, in
USHealthTests.com's sole discretion. By visiting, browsing, shopping, accessing
or otherwise using the Site after a change has been posted to the Site, the
Customer accepts that change. Customers should check this User Agreement and the
Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all
of its terms and conditions, constitute a legal contract between you and
USHealthTests.com. (References to "you" or "your" shall relate to a
customer of USHealthTests.com or other party that visits, browses, shops,
accesses or otherwise uses the Site (the "Customer"); references to
"USHealthTests.com" shall relate to USHealthTests.com and its affiliates.) By
visiting, browsing, shopping, accessing or otherwise using this site ("Site"),
you acknowledge that you have read, understood, and agree to be bound by this
User Agreement and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not agree to
this User Agreement, as it may be changed by USHealthTests.com from time to
time, do not use this Site. The material provided on this Site is protected by
law, including, but not limited to, United States copyright law and
international treaties. This Site is controlled and operated by
USHealthTests.com from its offices within the United States. USHealthTests.com
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of New York without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in Albany County, New York
to hear any such claims.
Access, Interference and Linking
USHealthTests.com grants
you a limited license to access and make personal use of the Site and not to
download (other than page caching) or modify it, or any portion of it, except as
provided below under "Use Restrictions," or with express written consent of
USHealthTests.com. The following activity on the Site is expressly prohibited:
Any non-personal or commercial use of any robot, spider, other automatic device,
or manual process to monitor or copy portions of the Site or the content
contained herein without prior written permission by USHealthTests.com;
collection or use of any product listings, descriptions, or prices, from the
Site for the benefit of another merchant that supplies products competitive with
or comparable to those offered on the Site; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately large load on the
Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by USHealthTests.com. You
are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of the Site so long as the link does not portray
USHealthTests.com, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
USHealthTests.com logo or other proprietary graphic or trademark as part of the
link without express written permission.
USHealthTests.com does not review or control third-party sites that link
to or from the Site, and is not responsible for the contents of any third-party
sites linked to or from the Site.
Use Restrictions
The copyright in all material provided
on this Site is held by USHealthTests.com or by the original creator of the
material. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of USHealthTests.com or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this Site for
personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without USHealthTests.com's
prior written permission, "mirror" any material contained on this Site on any
other server. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. USHealthTests.com and the Circle of
Service logo are trademarks of USHealthTests.com Copyright © 2002
USHealthTests.com.
Microsoft and the Passport Logo are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other countries
and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL USHealthTests.com BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF USHealthTests.com OR A
USHealthTests.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Arbitration
By accessing the Site and using the information therein
available and/or by purchasing any products or services made available through
this Site, you agree with USHealthTests.com, its service providers, agents,
employees, successors, assigns, affiliates, parents, subsidiaries and any
content provider or offer or of goods or services on this Site or through any
other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT
AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING
THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this User Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Albany, New York.. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your
visit to this Site.
You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. If you are under 18, you may use the Site only with a
parent or guardian. USHealthTests.com reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to USHealthTests.com
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by USHealthTests.com for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, USHealthTests.com is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to
USHealthTests.com or the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using such
information.
Copyright Complaints
If you believe that your work has been copied
in a way that constitutes copyright infringement, please
contact:
USHealthTests.com
1843 Central Avenue
Albany, New York 12205
Phone: 866-837-8669
Fax: 877-296-7673
Email: dkabat@USHealthTests.com
Disagreement with These Terms and Conditions
If you disagree with
any of the terms and conditions of this User Agreement, please do not visit,
browse, shop, access or otherwise use this Site.
USHealthTests.com Terms and Conditions of
Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY
CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS
TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT WITH USHealthTests.com. IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN).
Important Information About This Legal Contract
This Sale Agreement
is a legal contract between the Customer and USHealthTests.com. The Customer
accepts this Sale Agreement by making a purchase, placing an order, or otherwise
shopping on the Site. (References to "you" or "your" shall relate to the
Customer; references to "USHealthTests.com" shall relate to USHealthTests.com
and its affiliates.) The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms and conditions posted on
the Site at the time the Customer initially places or modifies an order will
govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
USHealthTests.com relating to the purchase or sale of goods or services on the
Site. The Sale Agreement may only be modified or terminated with regard to goods
or services that have been purchased or sold on the Site in a writing signed by
USHealthTests.com. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to
receiving electronic records or have the record provided in non-electronic form
by contacting USHealthTests.com at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our
invoice, you agree that the provisions of this Sale Agreement and our invoice
shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF New York, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN ALBANY COUNTY, NEW YORK FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is
retained by the seller until goods are paid for by the purchaser and at that
time title passes to the purchaser. Loss or damage that occurs during shipping
by a carrier selected by USHealthTests.com is USHealthTests.com's
responsibility. Loss or damage that occurs during shipping by a carrier selected
by Customer is Customer's responsibility. Title to software will remain with the
applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased
for purposes of export, the Customer must obtain from the federal government
certain export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and void
for goods exported outside the United States. The Customer should inquire
further regarding any questions. Any and all liability is only for the products
purchased.
General Legal Disclaimer
USHealthTests.com HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER BY USHealthTests.com IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services
from an Internet access provider. Contact your local access provider for rates,
terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however,
current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by
USHealthTests.com are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, USHealthTests.com makes no representation or
warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change.
For all prices, products and offers, USHealthTests.com reserves the right to
make adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While USHealthTests.com uses
reasonable efforts to include accurate and up-to-date information on the Site,
USHealthTests.com makes no warranties or representations as to the Site's
accuracy. USHealthTests.com assumes no liability or responsibility for any
errors or omissions in the content on the Site.
Limitation of Liability
USHealthTests.com WILL NOT BE LIABLE FOR
LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. USHealthTests.com
WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR
LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, USHealthTests.com IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising
from or relating to this Sale Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this Sale
Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Sale
Agreement), USHealthTests.com's advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE
NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Albany, New York. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon
USHealthTests.com until accepted by USHealthTests.com. Terms of payment are
within USHealthTests.com's sole discretion. Invoices are due and payable within
the time period noted on the invoice, measured from the date of the invoice.
USHealthTests.com may invoice parts of an order separately. Customer agrees to
pay interest on all past-due sums at the highest rate allowed by law. The
Customer is responsible for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary;
contact your USHealthTests.com account manager for our most current and
competitive rates, options and shipping specials. For the Customer's protection,
we ship only to the verified billing address of the Customer's credit card. In
some circumstances, international shipping may be available. Call for details.
Return Policy
NO REFUNDS - All sales are final.
Credit Cards
Credit card charges are processed online after
ordering the products and/or services.
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