THESE TERMS OF USE AND SALE APPLY TO YOUR ACCESS TO AND USE OF THE https://springcreekmedicalsupply.com WEB SITE AND ALL OTHER SITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS AND TOOLS WHERE THESE TERMS OF USE AND SALE APPEAR OR ARE LINKED, INCLUDING BUT NOT LIMITED TO PASSWORD-PROTECTED AREAS (COLLECTIVELY, THE “Site“). PLEASE READ THESE TERMS OF USE AND SALE CAREFULLY BEFORE ACCESSING ANY CONTENT (AS DEFINED IN “USE OF THE SITE AND THE CONTENT”) OTHERWISE USING THE SITE. TO “use” OR “access” THE SITE INCLUDES BUT IS NOT LIMITED TO BROWSING, ENGAGING IN TRANSACTIONS (AS DEFINED IN “ONLINE PURCHASES”) OR MAKING SUBMISSIONS (AS DEFINED IN “COMMUNICATION SERVICES”). BY ACCESSING ANY CONTENT OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ THE CURRENT VERSION OF THESE TERMS OF USE AND SALE, AS WELL AS OUR PRIVACY POLICY https://springcreekmedicalsupply.com/privacy-policy AND ANY OTHER Spring Creek Medical Supply, LLC POLICY, TERMS OF USE AND SALE AND INFORMATION LINKED FROM THIS SITE, EACH OF WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF USE AND SALE, AND (2) YOU UNDERSTAND AND AGREE TO BE BOUND BY EACH OF THEM, AS REVISED FROM TIME TO TIME. THESE TERMS OF USE AND SALE AND ANY SUCH POLICIES, TERMS OF USE AND SALE AND INFORMATION, AS REVISED, ARE REFERRED TO COLLECTIVELY AS “these Terms.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.
As used in these Terms, “Spring Creek Medical Supply, LLC“, “us“, “our” or “we” refers to any one or more of Spring Creek Medical Supply, LLC LLC and its subsidiaries and affiliates, and the employees, directors, officers, agents, licensors and contractors of Spring Creek Medical Supply, LLC LLC and its subsidiaries and affiliates.
MODIFICATION AND TERMINATION
Spring Creek Medical Supply, LLC may at any time modify or discontinue any part of or function available on the Site without notice. Also, Spring Creek Medical Supply, LLC may revise or update these Terms at any time, and such changes will be effective immediately upon being posted or linked to the Site. Your continued use of the Site means that you accept and agree to be bound by the revised Terms. Therefore, you should periodically review the then current version of these Terms. THE CURRENT VERSIONS OF THESE TERMS (INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY https://springcreekmedicalsupply.com/privacy-policy), WHICH SUPERSEDE ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE HYPERLINKS LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE AND IN A PROMINENT LOCATION IN THE MOBILE APPLICATIONS.
Spring Creek Medical Supply, LLC may, in its sole discretion, terminate or suspend your access to all or part of the Site, without notice, for any reason, including but not limited to breach of these Terms, or for no reason. Spring Creek Medical Supply, LLC shall not be liable to you or any third party for any modification or discontinuance of the Site or any termination of your access to the Site. All provisions of these Terms which are by their nature intended to survive termination and all representations, warranties, indemnities, disclaimers of warranties and limitations of liability shall survive such termination.
USE OF THE SITE AND THE CONTENT
Spring Creek Medical Supply, LLC maintains the Site for your personal entertainment, information, education, communication and convenience. All contents of the Site, including but not limited to text, graphics, logos, Trademarks (as defined below), images, audio clips, video, data, music, software, application updates, files, information (including but not limited to information disseminated through Communication Services, as defined in “Communication Services”) and other material, and the design, selection and arrangement of the Site (collectively, the “Content“) are the property of Spring Creek Medical Supply, LLC or the respective owners and are protected, without limitation, under United States and international trademark, copyright and other intellectual property laws. You may use the Content for NON-COMMERCIAL, PERSONAL USE ONLY, provided you do not modify any Content or remove any trademark, copyright and other proprietary notices. You may not, directly or indirectly, download, print, copy, distribute, modify, transmit, reuse, create derivative works of, publicly display or perform, republish, report or otherwise disclose or use the Content for public or commercial purposes. The use of any Content on any other web site or computer environment is prohibited. Neither ownership nor any intellectual property rights to the Site or any Content are transferred to you, but remain with Spring Creek Medical Supply, LLC or the respective owners, who intend to aggressively enforce their respective intellectual property rights to the fullest extent of the law.
Without limiting the generality of the foregoing, except as expressly authorized by Spring Creek Medical Supply, LLC in writing, you may not copy, sell or exploit for the purpose of providing educational services intended for childbirth educators, lactation consultants, account representatives or retailers: (1) any part of the Site, (2) access to the Site, or (3) use of the Site or of any services or the Content available through the Site. You may not, directly or indirectly: (a) co-brand the Site, (b) frame or mirror the Site, or (c) link to the Site, without Spring Creek Medical Supply, LLC’s prior written consent. For purposes of these Terms, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or the Content. You agree to cooperate with Spring Creek Medical Supply, LLC in causing any unauthorized co-branding, framing or linking immediately to cease. You may not obtain or attempt to obtain any materials, content or information through any means not intentionally made available or provided through the Site.
Only Spring Creek Medical Supply, LLC’s active commercial accounts who have agreed to the applicable End User License Agreement may use images available on Spring Creek Medical Supply, LLC’s password-protected Image Gallery.
Spring Creek Medical Supply, LLC’s name, the terms Spring Creek Medical Supply, LLC®, Pump In Style®, Lactina® and Symphony®, Spring Creek Medical Supply, LLC’s logo and all related trademarks, logos, service marks, product and service names, designs and slogans (collectively, the “Trademarks”) displayed on the Site, are registered and unregistered trademarks of Spring Creek Medical Supply, LLC. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks.
PROHIBITED INTERFERENCE
You agree to use the Site and the Content only for lawful purposes and in accordance with these Terms and applicable law. You will not, directly or indirectly: (1) use any robot, spider or other automatic device, process or means to access the Site, (2) use any process to monitor or copy any of the Content or for any unauthorized purpose, (3) attempt to interfere with or use any device, software or routine that interferes with the proper or intended working of the Site, (4) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site, (5) violate or attempt to violate the security of the Site, or (6) take any action that could disable, overburden, damage or impair the Site, tamper with system resources or accounts or impose an unreasonable or disproportionately large load on Spring Creek Medical Supply, LLC’s infrastructure.
PROHIBITED ACTIONS
You also agree not to do any of the following, either directly or indirectly: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected intellectual property, without written permission from the owner, (2) use the Site to violate the legal rights (including but not limited to the rights of publicity and privacy) of others or to violate the laws of any jurisdiction, (3) intercept or attempt to intercept electronic mail or other communications or comments not intended for you, (4) misrepresent the identity of or affiliation with any person or organization, including but not limited to Spring Creek Medical Supply, LLC, (5) upload to or transmit on the Site any advertisements or solicitations of business, (6) restrict or inhibit use of the Site by others, including but not limited to disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other users to engage in real time activities via the Site, (7) upload or otherwise transmit files that contain a virus or corrupted data, (8) collect, analyze or use information about users (including but not limited to email addresses and use histories), (9) download a file or software or include in a message any software, files or links that cannot be distributed legally over the Site or are confidential (notwithstanding availability on the Site), (10) post “spam,” transmit chain letters or engage in other similar activities, (11) advocate illegal activity or discuss an intent to commit an illegal act, (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise, (13) disobey any policy or regulations including but not limited to any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site, (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded, (15) upload or transmit material to the Site that does not pertain directly to the Site, (16) upload or transmit material to the Site that contains links to other sites that contain content that falls within the prohibitions described in this Section, or (17) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Spring Creek Medical Supply, LLC, in its sole discretion, may harm Spring Creek Medical Supply, LLC or users of the Site or expose them to liability.
VIOLATIONS OF THESE TERMS
Any violation of these Terms or applicable laws may result in the termination of your access to the Site and may expose you to civil and/or criminal liability. Spring Creek Medical Supply, LLC reserves the right to investigate suspected violations of these Terms. Spring Creek Medical Supply, LLC reserves the right, but does not assume any responsibility, to remove or block access to any material posted on the Site which Spring Creek Medical Supply, LLC, in its sole discretion, deems inconsistent with the parameters set by Spring Creek Medical Supply, LLC, including but not limited to any material Spring Creek Medical Supply, LLC has been notified, or has reason to believe, constitutes infringement, and to terminate any user’s access to all or part of the Site. However, Spring Creek Medical Supply, LLC can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Spring Creek Medical Supply, LLC assumes no liability for any action or inaction regarding or responding to transmissions, communications or content provided by third parties. Spring Creek Medical Supply, LLC reserves the right to take any action it deems necessary to protect the safety of users of the Site and the public; however, Spring Creek Medical Supply, LLC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Spring Creek Medical Supply, LLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Spring Creek Medical Supply, LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Spring Creek Medical Supply, LLC to disclose the identity of any user and any materials that are believed to violate these Terms. YOU AGREE TO WAIVE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS Spring Creek Medical Supply, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Spring Creek Medical Supply, LLC DURING OR AS A RESULT OF INVESTIGATIONS BY EITHER Spring Creek Medical Supply, LLC OR LAW ENFORCEMENT AUTHORITIES.
COMMUNICATION SERVICES
The Site may contain forums, chat areas, message boards, news groups, comment areas, blogs, communities and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the intended use of the Site and comply with these Terms. Spring Creek Medical Supply, LLC reserves the right, but does not assume any responsibility, to monitor any use of Communication Services.
Please review Spring Creek Medical Supply, LLC’s Privacy Policy https://springcreekmedicalsupply.com/privacy-policy, which is hereby incorporated into these Terms.
Unless covered by Spring Creek Medical Supply, LLC’s Privacy Policy https://springcreekmedicalsupply.com/privacy-policy, any communication or material in any format, including but not limited to data, questions, graphics, comments, opinions, articles and suggestions, you or another user transmit or post to the Site, disclose by participating in Communication Services or communicate to Spring Creek Medical Supply, LLC through the Site, for any purpose (collectively, the “Submission”), will be treated as non-confidential and non-proprietary. Submissions are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Spring Creek Medical Supply, LLC.
You understand and acknowledge that you are responsible for your Submissions, and you, not Spring Creek Medical Supply, LLC, have full responsibility for your Submissions, including but not limited to their legality, reliability and appropriateness. By making a Submission, you warrant that the Submission is your own or is in the public domain and free of proprietary or other restrictions of any kind. Spring Creek Medical Supply, LLC may use any Submission in any manner, form, media or technology, now known or later developed, including but not limited to reproduction, disclosure, transmission, publication, broadcast, display and posting, and may use any ideas, concepts, know-how or techniques contained in any Submission for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services, without incurring any liability for royalties or any other consideration of any kind. Spring Creek Medical Supply, LLC may create derivative works from or incorporate any Submission in other works, and will not incur any liability as a result of any similarities that may appear in future materials or operations of Spring Creek Medical Supply, LLC.
YOUR ACCOUNT
To access the Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. You also understand that certain features of the Site may require the activation of Global Positioning System, or GPS, technology for full functionality, and you consent to the technology’s activation and use. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. We may refuse to grant to you the user name you request. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, phone or device, and you agree to be responsible for all activities that occur under your account or password. Spring Creek Medical Supply, LLC reserves the right, but does not assume any responsibility, to monitor your password and, in its sole discretion, require you to change it. If you use a password that Spring Creek Medical Supply, LLC considers insecure, Spring Creek Medical Supply, LLC reserves the right, but does not assume any responsibility, to require the password to be changed and/or terminate your account.
UNDERAGED USERS
The Site is a general audience site intended for use by individuals over the age of 13, and we will not knowingly collect, use or disclose any information from children under the age of 13 or from users of web sites directed at children under the age of 13. If you are under 18, you may use this Site and engage in a Transaction (as defined in “ONLINE PURCHASES”) only with involvement of a person older than 18.
NO MEDICAL ADVICE
The Content is for informational purposes only. Any advice or information provided on the Site does not create a professional relationship, is not an aid to making medical decisions, and is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The Site is not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE BY Spring Creek Medical Supply, LLC, OTHERS APPEARING ON THE SITE AT THE INVITATION OF Spring Creek Medical Supply, LLC, OTHER USERS OF THE SITE OR ANY PARTICIPANTS IN COMMUNICATION SERVICES IS SOLELY AT YOUR OWN RISK.
ONLINE PURCHASES
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction“), you may be asked to supply certain information relevant to your Transaction including but not limited to your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT ALL TRANSACTIONS INITIATED BY YOU ARE BONA FIDE, AND YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR OTHER PAYMENT METHODS YOU USE IN CONNECTION WITH COMPLETING ANY TRANSACTION. By submitting such information, you grant to Spring Creek Medical Supply, LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Spring Creek Medical Supply, LLC reserves the right, without notice, to do any one or more of the following: (1) limit the available quantity of or discontinue any product or service, (2) impose conditions on the honoring of any coupon or promotion, (3) bar any user from making or completing any or all Transactions, and (4) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including but not limited to all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your Transactions.
Spring Creek Medical Supply, LLC or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
All of Spring Creek Medical Supply, LLC’s sales are considered made in the State of Illinois, United States. The risk of loss for and title to any products purchased on the Site pass to the purchaser upon Spring Creek Medical Supply, LLC’s delivery to the carrier in Illinois.
THE WARRANTY SECTION OF DOCUMENTS PHYSICALLY ACCOMPANYING Spring Creek Medical Supply, LLC’S PRODUCTS OR IN LITERATURE FURNISHED BY Spring Creek Medical Supply, LLC, AS IN EFFECT FROM TIME TO TIME (COLLECTIVELY, “Spring Creek Medical Supply, LLC’S WARRANTY“), CONTAINS THE ENTIRE DESCRIPTION AND DURATION OF THE SOLE WARRANTY APPLICABLE TO PRODUCTS SOLD BY Spring Creek Medical Supply, LLC.
RETURNS POLICY – ONLINE Spring Creek Medical Supply, LLC PURCHASES
If you are not fully satisfied with your purchase, you may return it in accordance with Spring Creek Medical Supply, LLC’s Returns Policy https://springcreekmedicalsupply.com/privacy-policy, which is hereby incorporated into these Terms.
ACCURACY OF INFORMATION
The product information and details that are provided on the Site are for information only and are subject to change without notice. Always verify the model and product information when requesting information or purchasing products. Some products listed may no longer be available. Some information may not be current, or may have changed since the last time you viewed or downloaded it. Spring Creek Medical Supply, LLC strives to display as accurately as possible the colors of the products shown on the Site; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate. Spring Creek Medical Supply, LLC assumes no liability or responsibility for any errors or omissions in the Content or the Site. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATION OF LIABILITY SET FORTH IN THESE TERMS.
DEALINGS WITH THIRD PARTIES
The Site may contain links and interactive functionality with the web sites of third parties, including but not limited to other merchants and social sites. Links are provided as a service to users and such merchants and sites are not sponsored by or affiliated with the Site or Spring Creek Medical Supply, LLC. The terms of your interaction with any third party are solely between you and such party, and Spring Creek Medical Supply, LLC strongly recommends that you review and understand the terms of use and sale, privacy policies, settings and information-sharing functions of each such third party. Spring Creek Medical Supply, LLC has not reviewed such sites and is not responsible for the functionality or any content of those sites. Spring Creek Medical Supply, LLC is not responsible for webcasting or any other form of transmission received from any linked site. Spring Creek Medical Supply, LLC is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including but not limited to any sites framed within, or third party advertisements on, the Site, and does not make any representations regarding their quality, content or accuracy. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE FOR SUCH WEB SITES.
DISCLAIMERS OF WARRANTIES
EXCEPT AS STATED IN Spring Creek Medical Supply, LLC’S WARRANTY, THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND NEITHER Spring Creek Medical Supply, LLC NOR ANYONE ASSOCIATED WITH Spring Creek Medical Supply, LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, THE CONTENT OR ANY PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER Spring Creek Medical Supply, LLC NOR ANYONE ASSOCIATED WITH Spring Creek Medical Supply, LLC WARRANTS OR REPRESENTS THAT THE SITE, THE CONTENT OR THE PRODUCTS OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE CONTENT OR ANY PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EXCEPT FOR Spring Creek Medical Supply, LLC’S WARRANTY, Spring Creek Medical Supply, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You understand that Spring Creek Medical Supply, LLC cannot and does not guarantee or warrant that any files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, accuracy of data input and output and for maintaining a means external to the Site for any reconstruction of any lost data. Spring Creek Medical Supply, LLC does not assume any responsibility or risk for your use of the Internet. Spring Creek Medical Supply, LLC also is not responsible for any damage to your computer, phone, device or other property, including but not limited to viruses, on account of your access to, use of or browsing in the Site, your downloading of any Content from the Site or your participating in Communication Services.
The Content should not be used to replace any literature or product notices released by Spring Creek Medical Supply, LLC. All of the information on the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and Spring Creek Medical Supply, LLC does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.
LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES
IF YOU DISAGREE WITH THESE TERMS (INCLUDING BUT NOT LIMITED TO ANY REVISIONS) OR ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
EXCEPT AS STATED IN Spring Creek Medical Supply, LLC’S WARRANTY FOR PRODUCTS SOLD BY Spring Creek Medical Supply, LLC, Spring Creek Medical Supply, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY LINKED SITE, THE CONTENT AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, WHETHER OR NOT THERE IS NEGLIGENCE BY Spring Creek Medical Supply, LLC AND WHETHER OR NOT Spring Creek Medical Supply, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT INCLUDES BUT IS NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, LOST SALES AND DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE CONTENT, SERVICES OR PRODUCTS.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTIES EFFECTIVELY ALLOCATES THE RISKS BETWEEN YOU AND Spring Creek Medical Supply, LLC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS ON WHICH Spring Creek Medical Supply, LLC PROVIDES THE SITE. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
STATE LAW PROHIBITIONS
THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN THESE TERMS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS, WHICH VARY FROM STATE TO STATE.
INDEMNITY
You shall defend, indemnify and hold harmless Spring Creek Medical Supply, LLC and others involved in the Site or the delivery of products, services or information through the Site (collectively, the “Indemnified Parties”) from any and all claims, liabilities, demands, loss, damages, costs, expenses and attorneys’ fees arising out of or relating to your use of the Site or participation in Communication Services, including but not limited to any of your Submissions or any alleged facts that, if true, would constitute a breach by you of these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use.
USE WITHIN THE UNITED STATES
The Site is intended for use only within the United States, and Spring Creek Medical Supply, LLC makes no representation that materials in the Site are appropriate or available for use elsewhere. If you access the Site from outside of the United States, you do so at your own risk and you are responsible for complying with local laws. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
CONTACTING Spring Creek Medical Supply, LLC
All other site users, please contact Spring Creek Medical Supply, LLC at admin@springcreekmedicalsupply.com or 931-591-2975, including but not limited to upon your becoming aware of any Content that you believe to be in violation of these Terms. If Spring Creek Medical Supply, LLC receives a clear notice that complies with the Digital Millennium Copyright Act that any part of the Content constitutes copyright infringement, Spring Creek Medical Supply, LLC will take such action it deems, in its sole discretion, appropriate or required by law.
APPLICABLE LAW
Spring Creek Medical Supply, LLC, the owner and operator of the Site, is based in the State of Illinois, United States. ALL MATTERS AND DISPUTES RELATED TO THESE TERMS AND YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES.
DISPUTES
YOU AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CAUSE OF ACTION RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS. ANY SUCH CAUSE OF ACTION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN, OR CONSOLIDATED WITH, ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED UNDER THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE, AND (3) YOU WAIVE ANY RIGHT TO JURY TRIAL IN ANY ACTION THAT ARISES OUT OF OR IS RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT.
HEADINGS
The headings listed in these Terms are provided for convenience only and will not affect their construction or interpretation.
GENERAL
These Terms and Spring Creek Medical Supply, LLC’s Warranty, as either may be revised from time to time, describe the entire agreement between you and Spring Creek Medical Supply, LLC with respect to the Site, the Content and your Transactions, and no other terms that may have been communicated to you orally or in any other manner, including but not limited to postings via Twitter or Facebook, have any force or effect. If any provision of these Terms is unenforceable, the unenforceable provision shall not impair any other provision of these Terms, which shall remain in full force and effect, and such unenforceable provision will be modified so as to render it enforceable and then applied in such modified form. Spring Creek Medical Supply, LLC’s failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of that provision. Spring Creek Medical Supply, LLC shall not be deemed to have waived any provision of these Terms unless it agrees to do so in writing. Neither a course of dealing or conduct between you and Spring Creek Medical Supply, LLC nor any trade practices shall be deemed to modify these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between you and Spring Creek Medical Supply, LLC as a result of these Terms or your access to or use of the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without Spring Creek Medical Supply, LLC’s prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
These Terms were last updated on April 2, 2018.
