Terms & Conditions of Use
Welcome to the www.stayputmedical.com website, operated by [StayPut Medical LLC] (“StayPut” “we,” or “our”) (the “Site”). The Site is provided as a service to our customers. The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, or purchasing a product on or through this Site, you indicate that you have read and understand these Terms, and that you agree to them and intend to be legally bound by them. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT GRANTED PERMISSION TO USE THIS SITE AND MUST EXIT IMMEDIATELY.
- Any information or products made available on or through this Site are not intended to be a substitute for professional medical advice or for treatment by a physician or other licensed healthcare professional. You should always seek the advice of your physician or other qualified healthcare professional regarding any questions or concerns that you have regarding your health, and we advise that you discuss with your physician before implementing any suggestions or advice found on this Site. Discontinue use of any StayPut product if skin is irritated or broken.
- Proprietary Rights. As between you and StayPut, StayPut owns or licenses all materials, including images, illustrations, designs, icons, photographs, video clips, and any software concepts and documentation and other material on, in or made available through the Site (“Site Contents”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Contents. All Site Contents are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Contents. As between any user and StayPut, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to StayPut or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Contents, other than the right to use the Site Contents in accordance with these Terms.
- Use of This Site. You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any of the Site Contents; (c) attempting to gain unauthorized access to StayPut’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial use of the Site; (e) any downloading or copying of the Site Contents for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Contents; or (h) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with StayPut. You may use the Site and the Site Contents only as consistent with these Terms. Any other use of the Site or Site Contents, including but not limited to the aforementioned unauthorized uses, without prior written permission of StayPut is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Contents could cause irreparable harm to StayPut and that in the event of such unauthorized use, StayPut shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- By purchasing products on the Site you represent that you are eighteen (18) years of age or older. For information about our returns and refunds, please see our [Return Policy][insert hyperlink to return policy]. StayPut uses a third party payment processor to process credit card transactions made through the Site and such transactions are subject to the applicable terms located at [insert hyperlink to third party payment processor terms]. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason StayPut does not receive payment for a purchase, StayPut may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on StayPut’s net income).
- Prices and Orders. All prices displayed on the Site are quoted in U.S. dollars. StayPutmay restrict delivery to addresses within the United States and Canada. StayPut will add shipping and handling fees and applicable sales/use tax in accordance with its then existing policies. StayPut reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on its Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of products on this Site do not constitute a warranty by StayPut. The receipt by you of an order confirmation does not constitute StayPut’s acceptance of an order. Prior to StayPut’s acceptance of an order, verification of information may be required. StayPut reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from StayPut. StayPut reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price, StayPut shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, StayPut shall promptly issue a credit to your account in the amount of the incorrect price, or provide you with a refund at your election. The risk of loss and title for all products purchased by you and shipped by StayPut pass to you upon StayPut delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of StayPut vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
- We have made every effort to display as accurately as possible the colors of our products that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot generate that the display of any color will be completely accurate.
- Third Party Websites and Features. The Site may contain links to other websites for the convenience of users in locating information, products, or services that may be of interest. Links to other websites, including those of StayPut’s suppliers or vendors, do not constitute sponsorship, endorsement, or approval by StayPut of the content, policies, or practices of such linked sites. The Site may also incorporate features and services provided by third parties, such as payment processing. Linked sites and incorporated features and services are not operated, controlled, or maintained by StayPut and StayPut is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
- Changes in Terms and Termination. StayPut shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on this Site. You are responsible for reviewing this Site periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by StayPutto these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than StayPut shall be valid or enforceable against StayPut unless expressly agreed to in writing signed by a duly authorized officer of StayPut. StayPut may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing StayPut with untrue or inaccurate information about yourself, for infringement upon StayPut proprietary rights, or for any reason whatsoever or for no reason.
- Disclaimer as to the Site. StayPut, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Contents, comments, data, links, advertisements or other items contained within the Site. StayPut reserves the right to immediately remove any Site Contents or comments for any reason, or for no reason. StayPut cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any comments, Site Contents, or the Site, including information submitted in connection with the Site Contents or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Contents or comments and that you may not rely on such Site Contents or comments. THE SITE, THE SITE CONTENTS, COMMENTS, INFORMATION, PRODUCTS, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. STAYPUT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE CONTENTS, COMMENTS, INFORMATION, PRODUCTS, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE CONTENTS, COMMENTS, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
- Limitation of Liability. STAYPUT AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM (A) THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE CONTENTS, COMMENTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR (B) THE PURCHASE OR USE OF ANY PRODUCT PURCHASED ON OR THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR StayPut HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF STAYPUT AND ITS AFFILIATES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, SITE CONTENTS, COMMENTS, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR THE USe OF THE SITE, INCLUDING THE PRICE FOR THE STAYPUT PRODUCT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF STAYPUT AND ITS AFFILIATES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel STAYPUT has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
- You will indemnify StayPut and its members, managers, directors, officers, employees, agents, contractors and licensors (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with (i) the Site and your use of the Site or products or services obtained on or through the Site, (ii) your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Content, comments, products, information and other materials on, in and made available through the Site, (iii) or any breach by you of these Terms, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of StayPut. StayPut or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If StayPut or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to StayPut, subject to the right of StayPut to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- Internet Security. StayPut uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. StayPut will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that StayPut shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to StayPut via the Site or the Internet, including, for example, personal information such as your name or address.
- Applicable Law. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in West Palm Beach, Florida; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. If any provision of these Terms shall be deemed unlawful, invalid or unenforceable for any reason, then that provision(s) shall be deemed severable from the Terms, and shall not affect the validity or enforceability of the remaining provisions.
- Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by StayPut of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. Notwithstanding the foregoing, these Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service, except as specifically provided herein. To the extent any area within this Site contains specific terms and conditions concerning use of that particular area of the Site (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
- Acts Beyond Control. StayPut shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
- The Site is controlled and operated from within the United States. Without limiting anything else, StayPut makes no representation that the Site, Site Contents, comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of StayPut to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: July 25, 2017