Welcome to our digital storefront.
Introduction
These
Terms of Use (the "Terms") govern each website, mobile site,
application, and/or other service (each a "Service" and collectively
"Services") that links to these Terms, which is binding on all
individuals and entities that access, visit, and/or use the Services, whether
acting as an individual or on behalf of an entity, including those using
processes to harvest, crawl, index, scrape, spider, or mine digital content by
automated or manual process or otherwise (collectively, "you" or
"your").
The Terms may be modified at any time by us upon posting of the modified Terms.
Any such modifications shall be effective immediately. Accordingly, you should
review the Terms periodically to determine if any changes have been made. By
using the Services, you accept any changes and revisions to the Terms. If you
do not agree with the Terms, or if you violate or act inconsistently with them
or any other applicable terms, your access to and use of the Services is
unauthorized. We reserve the right to terminate, suspend, or restrict your
access to the Services and refuse to fulfill any obligations under the Term,
with or without notice. Additionally, we may deny you future access to the
Services. We reserve the right to take any technical, legal, or other measures
necessary to prevent violations and enforce the Terms, with or without notice.
This may include cooperating with law enforcement agencies and pursuing civil
or criminal actions for any illegal activities involving the Services.
Ownership
All
information, text, images, video, audio, material, software, products or
services ("Content") included in the Services are and shall continue
to be the property of either DocTyme Inc. ("DocTyme") or Azecare
("Azecare") (together, the "Site Owners," and each a
"Site Owner") or their content suppliers, and is protected under
applicable copyright, patent, trademark, and other proprietary rights. Product
and company names mentioned in the Services may be trademarks of their
respective owners. The text, information, images, audio, video, and all other
content in the Services including the selection, compilation, arrangement,
presentation of all materials, and the overall design are protected by copyright.
Information, images, logos, copy and trademarks contained in the Services,
including but not limited to the text, images, audio, or video, may not be used
in any manner, or for any purpose, without the applicable Site Owner's express
written permission.
Site Use
The Site
Owners jointly grant you a limited, revocable, and nonexclusive permission to
view and use the Services and to print individual pages from this website for
your own personal, noncommercial use, provided that you
agree to and accept without modification the notices, terms and conditions set
form herein. Your use of the Services is at the sole discretion of the Site
Owners and any Site Owner may terminate your use at any time. Under no
circumstances will you acquire any ownership rights or other interest in any
content by or through your use of the Services.
Whether on behalf of yourself or another third party, you may NOT do any of the
following in connection with the Services and Contents:
- modify, duplicate, adapt, translate, distribute, redistribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, sell, or otherwise exploit any Content or any part thereof, for any
purpose (including commercial purpose) except those expressly authorized in
these Terms without DocTyme's express written consent.
- Except as provided in these Terms, download, copy, or transmit any Content
for the benefit of any third party without the express written consent of DocTyme's.
- Interfere with or disrupt the operation of the Services or the systems,
networks, or servers used to make the Services available, including by hacking
or defacing any portion of the Services; or violate any procedure, policy, or
requirements of such servers or networks.
- Use any robot, spider, site search/retrieval application or other manual or
automatic devices to access, modify, download, retrieve, index, query,
"scrape," "data mine" or otherwise collect or gather any
Content, or reproduce or circumvent the navigational structure or presentation
of the Services, without DocTyme's express prior written consent.
- Make any commercial, advertising, promotional, or marketing use of the
Services and/or Content, except as permitted by law or as expressly permitted
in writing by DocTyme's.
Compliance with Laws
You
agree to comply with all applicable laws regarding your use of the Services and
any purchase you make. You further agree that information provided by you is
truthful and accurate to the best of your knowledge.
Third Party Sites
The
Services may contain links to other web sites on the Internet that are owned
and operated by third party vendors and other third parties ("External
Sites"). Additionally, when you use the Services, you may also be using
the services of third parties and you acknowledge that your use of those
services may be subject to separate terms of use, including Google's
Terms of Service. We have no responsibility for content of these
third party sites and therefore do not represent, warrant, or endorse that the
contents of such third party sites are available, accurate, complete, or
compliant with applicable laws. By using any third party site, you acknowledge
and agree that we are not responsible for any aspect of such third party site.
You should contact the site administrator or webmaster for those third party
sites if you have any concerns regarding such links or the content located on
those sites.
Indemnification
You
agree to indemnify, defend and hold the Site Owners and their partners, agents,
employees, and affiliates, harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation of
these Terms or use of the Services.
Disclaimer
THE
INFORMATION IN THE SERVICES IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SITE OWNERS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE
EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS
LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO
YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES.
Limitation of Liability
UNDER NO
CIRCUMSTANCES WILL THE SITE OWNERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS,
LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE
SERVICES, YOUR SERVICES USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR
CONTENT IS TO CEASE ALL OF YOUR SERVICES USE.
Price and availability information is subject to change without notice. The
Site Owners shall not be required or obligated to honor any price if said price
is incorrect or inaccurate, regardless of whether the information was entered
by any Site Owner.
You may have additional rights under certain laws (including consumer laws)
which do not allow the exclusion of implied warranties, or the exclusion or
limitation of certain damages. If these laws apply to you, the exclusions or
limitations in these Terms that directly conflict with such laws may not apply
to you.
Use of Information
The Site
Owners reserve the right, and you authorize them, to use and assign all
information regarding Service uses by you and all information provided by you
in any manner consistent with our Privacy Policy.
Intended Audience
This
website is intended for adults only. This website is not intended for any
children under the age of 13.
Privacy
Your use
of our Services is also governed by our Privacy Policy. If you are a resident
of California, you have specific rights under the California Consumer Privacy
Act (CCPA). For more information on your rights and how we handle your personal
information, please review our Privacy Policy.
Promotions
Any
sweepstakes, contexts, raffles, surveys, games, or similar promotions made
available through this website may be governed by rules that are separate from
these Terms. If the rules for a promotion conflict with these Terms, the
promotion rules will govern.
Acceptances of Orders
The
receipt of an e-mail order confirmation or reservation of a part, garment,
accessory, or unit does not constitute the acceptance of an order or a
confirmation of an offer to sell. Multi-Medical Equipment & Supplies -
Bellaire reserves the right, without prior notification, to limit the order
quantity on any item and/or refuse service to any customer. Multi-Medical
Equipment & Supplies - Bellaire may cancel an order at any time before
delivery or pickup for any reason, including pricing errors or stock availability
issues. Verification of information may be required prior to the acceptance of
any order. By placing a credit card order, you grants Multi-Medical Equipment
& Supplies - Bellaire permission to contact your bank to verify name and
address. Please contact us directly for questions about our refund policy.
Pricing, Availability,
Taxes, and Surcharges
All
prices are subject to change without notice. Prices do not include applicable
taxes, shipping, and handling charges, which may be calculated and added at
checkout. Prices may vary based on location due to different tax rates and
surcharges. You are responsible for paying all applicable sales, use,
value-added, and other taxes, duties, and charges associated with your
purchase. These charges will be calculated and displayed at checkout and may be
based on our location or your delivery address. Additional surcharges may apply
depending on your location, and these will also be shown at checkout.
Communication
You
agree that by providing your phone number, Multi-Medical Equipment &
Supplies - Bellaire may call and/or send text messages about your interest in
products, merchandise, financing, marketing or sales purposes, appointment
information, or for any other purpose related to your account. You do not have
to consent to receiving calls or texts to purchase from Multi-Medical Equipment
& Supplies - Bellaire.
Copyrights and Copyright
Agent
If you
believe your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have otherwise been
violated, please provide a notice containing all of the following information
to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located
on this website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Claims of copyright infringement on this website can be sent as follows:
By E-mail: tps@dealerspike.com
Governing Law
You
agree that the laws of the state of Delaware, without regard to conflicts of
laws provisions will govern these Terms and any dispute that may arise between
you and Site Owners or their affiliates.
Other Terms
If any
provision of these Terms shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that these Terms will otherwise
remain in full force and effect. The failure of the Site Owners to exercise or
enforce any right or provision of the Terms shall not operate as a waiver of
such right or provision. Any waiver of the Terms by DocTyme's or Azecare must
be in writing and signed by an authorized representative of the respective Site
Owner. Nothing contained in the Terms or your use of the Services shall be
construed to constitute either party as a partner, joint ventures, employee or
agent of the other party, nor shall either party hold itself out as such.
Neither party has any right or authority to incur, assume or create, in writing
or otherwise, any warranty, liability or other obligation of any kind, express
or implied, in the name of or on behalf of the other party, it being intended
by both parties that each shall remain independent contractors responsible for
its own actions. These Terms constitutes the entire agreement between you and
the Site Owners governing your use of the Services, and supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and the Site Owners with respect to the Services.
Notwithstanding the foregoing, you may also be subject to additional terms and
conditions, posted policies (including but not limited to the Privacy Policy),
guidelines, or rules that may apply when you use the Services.