Last Updated: [5/26/23]
These Terms of Service apply to sed-med.com (“Site”), a website that is owned, operated, and maintained by or for SedMed Inc. (“we,” “us,” or “our”) as well as your purchase of products offered by us and other transactions you might have with us (collectively, “Services”).
By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. Please read these Terms carefully.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. Changes to these Terms will be posted on the Site and will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of our Site or Services.
You agree that when using the Site or Services, you will act in a manner consistent with the goals of the Site and Services, and by way of example, and not as a limitation, you specifically agree that:
We may suspend or terminate your use of the Site or Services at any time for any reason without notice to you. Upon termination, we may, but are under no obligation to, delete any information stored by use related to your use of the Site or Services.
You must be at least 18 years of age and a resident of the United States to order or preorder any of the products offered by us. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and a resident of the United States. If you are ordering products on behalf of a company, organization or entity located in the United States, you represent and warrant that you have the authority to bind such entity to these Terms and such entity agrees to be bound by these Terms.
The information on the Site does not constitute a binding offer to sell products described on the Site or to make products available in your area. To the fullest extent permissible by applicable law, we reserve the right at any time after the receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. We reserve the right to make adjustments to pricing at any time for any reason. You shall pay any applicable sales, use or similar taxes, fees or duties. In the event a product is listed at an incorrect price, we have the right to refuse order placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card.
You may return products within thirty days of delivery, subject to the following:
The original box and packaging materials must be used to return the products or you will not be entitled to a refund. You will not be entitled to a refund for any return of products not done in accordance with this section.
We transfer title to products sold to you upon delivery to our designated carrier shipping the purchased products to you. We bear the risk of loss or damage to products until they are delivered to our designated carrier for shipment to you. Thereafter, you assume the risk of loss or damage.
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or used on the Site or Services with permission. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site or Services may be trademarks and the property of their respective owners.
You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy reproduce, transmit, publicly display, perform, publish, adapt, edit, or create derivative works from the Site or Services.
We make no representation or warranties about the accuracy or completeness of the content of the Site. Any decision made by you based on information contained in the Site is your sole responsibility. We shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or inability to access the Site.
THE SITE AND THE MATERIALS, INFORMATION, SERVICES, DEMONSTRATIONS AND PRODUCTS IN THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS, AND AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SERVICES PROVIDERS, OFFICERS, PARTNERS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS, THE SITE, OR SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Any controversy, claim or dispute arising out of or related to these Terms, the Site, and/or the Services, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be governed by Connecticut law, without regard to its conflicts of law principals. All disputes arising in connection with the foregoing shall be settled by binding arbitration to be determined in Connecticut (or geographically as near as possible to Connecticut as possible) before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Each party shall be responsible for paying its own attorney’s fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, partners, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to (i) any breach or alleged breach of these Terms by you, (ii) your violation of any applicable law or regulation, or (iii) your negligence or willful misconduct.
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting, We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without prior written consent.