Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using MEDMART32's Services (as defined below), you agree to comply with and be bound by these Terms.
PLEASE NOTE: Section 7 of these Terms contains an arbitration clause and class action waiver that applies to all persons who access or use MEDMART32's Services. If your country of residence is the United States, this provision applies to all disputes. If your country of residence is outside of the United States, this provision applies to any dispute between you and MEDMART32 brought in the United States. Additionally, this provision applies to any dispute involving cross-border transactions. Section 5 affects how disputes with MEDMART32 are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using MEDMART32 Services (defined below). These Terms constitute a legally binding agreement between you and MEDMART32 governing your access to and use of the MEDMART32 website (www.MEDMART32.com), including any subdomains thereof, and any other websites through which MEDMART32 makes its services available (such as www.medmart32.com) (collectively the "Site") and all associated services (collectively, "MEDMART32's Services"). These associated services include providing you with a marketplace for ordering, paying for, and receiving dental/medical supplies through MEDMART32's network of dental/medical suppliers or any other services provided or facilitated by MEDMART32 including, without limitation, logistical support and customer service.
When these Terms mention "MEDMART32," "we," "us," or "our," it refers to the company you are contracting with: MEDMART32, 340 Cambridge Dr, Union, NJ 07083, United States.
The terms of service of MEDMART32 website is owned by Lumiere32 Pte Ltd, Singapore. MEDMART32 has a strategic partnership with Deepka Import LLC, having its office at 340 Cambridge Dr, Union, NJ 07083, United States.
You agree to these Terms by accessing or using any part of MEDMART32's Services, including by accessing or using the Site, registering for Services offered on the Site, or by accepting, uploading, submitting or downloading any information or content from or to the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT USE MEDMART32'S SERVICES.
MEDMART32 owns and operates the Site that links to these Terms. We are pleased to offer you access to MEDMART32's Services, as well as the ability to participate in our marketplace and various promotions that we may provide from the MEDMART32 Site.
MEDMART32's Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different Terms of Service and privacy practices. MEDMART32 is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, product, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MEDMART32 of such Third-Party Services.
Additionally, due to the nature of the Internet, MEDMART32 cannot guarantee the continuous and uninterrupted availability and accessibility of MEDMART32's Services. MEDMART32 may restrict the availability of MEDMART32's Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measure that ensure the proper or improved functioning of MEDMART32's Services. MEDMART32 may improve, enhance, and modify MEDMART32's Services and introduce new Services from time to time.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration page. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Further, you may not: enter, select or use an email address owned or controlled by another person with the intent to impersonate that person, or, use an email address subject to any rights of a person other than yourself without appropriate authorization.
MEDMART32 reserves the right, in its sole discretion, to set the requirements for, or to suspend, disable, deny access to, or to refuse registration, or cancel an account in our discretion without any liability whatsoever. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account and password. By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize MEDMART32 to share such information with other user(s).
All MEDMART32 Users must be at least eighteen (18) years of age to open an account with, make purchases from, or participate in promotions offered as part of MEDMART32's Services. By using MEDMART32's Services you expressly represent and warrant that you are at least 18 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the Terms of Service of this Agreement.
Additionally, you are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You also agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Any attempt by another individual to use your Account may result in your inability to use the Service, and/or suspension from MEDMART32's Services. You are responsible for the use of your Account and MEDMART32 expressly disclaims any liability arising from the unauthorized use of your Account. If you suspect unauthorized access of your Account or any other breach of security, you agree to notify us immediately. However, MEDMART32 recognizes that many of you are dental & medical practices or business/professional users with office staff in charge making purchases. This paragraph does not prohibit you from allowing authorized staff members or employees to use your Account.
By entering into this Agreement or using MEDMART32's Services, despite you or your dental/medical clinics and businesses contact number(s) are on Do Not Call Registry, you expressly consent and agree to accept and receive communications from MEDMART32 through phone calls, SMS notifications or any other means of communication, in respect to the services provided by MEDMART32.
You agree, inter alia, to:
By consenting to being contacted, you understand and agree that you may receive communications (including those generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages) sent by or on behalf of MEDMART32 including but not limited to: operational or transactional communications concerning your Account or use of MEDMART32's Services; updates concerning new or existing features of MEDMART32's Services; communications concerning Promotions (defined below) run by MEDMART32, and news or industry developments concerning MEDMART32.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, UNSUBSCRIBE FROM MEDMART32'S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, INCLUDING CLICKING THE UNSUBSCRIBE LINK PROVIDED AT THE BOTTOM OF THE EMAIL.
You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using MEDMART32's services. If you wish to opt out of all texts or calls from medmart32 (including operational or transactional texts or calls), please contact our customer support. However, you acknowledge that opting out of receiving all texts or calls may impact your use of MEDMART32's services.
You agree that your electronic signature while using MEDMART32's Services is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by MEDMART32 regarding your Account and MEDMART32's Services electronically (collectively, "Electronic Communications"). We may provide these Electronic Communications to you via the Site, email, text message, push notification, chat, customer support, or other electronic communications.
In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:
In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree MEDMART32 will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise are unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings.
As an online marketplace for dental/medical supplies, MEDMART32 uses descriptions and/or images to illustrate the products available for purchase on its Site. These descriptions and/or images are provided for illustrative purposes only and may not reflect the actual packaging, contents, color, etc. of a particular product. MEDMART32 attempts to be as accurate as possible in the Product descriptions or images it uses. MEDMART32 does not warrant that Product descriptions and/or images available on its Site are accurate, complete, reliable, current, or error-free.
You understand and acknowledge that you may incur fees or charges from MEDMART32 or our Vendors in connection with the products purchased through the use of MEDMART32's Services ("Charges"). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:
Prices on MEDMART32's Site are subject to change at any time without notice. No price is confirmed until the checkout process is complete. In the event of a typographic error, error in pricing or error in product description received from MEDMART32, we shall have the right to refuse or cancel any orders placed for the incorrectly-listed product.
Sales tax is generally calculated based on the total selling price of each item. Depending upon the state's tax laws, the total selling price of the item may include shipping and handling charges.
Although tax is not required to be collected in states where the Vendor is not registered, this does not necessarily mean the transaction is not subject to sales tax. Purchases may be subject to use tax which must be remitted directly to the state by the customer purchasing the item. Purchases are not exempt from sales tax solely because they are purchased on the internet, by catalog or by other remote means. Please contact the tax authorities in your state for additional information about your responsibilities for remitting use tax. Links to all the states' tax administrative agencies can be found at https://www.taxadmin.org/state-tax-agencies.
Please note that amount of estimated tax appearing on an order may differ from the sales taxes ultimately charged at the time of credit card authorization.
MEDMART32 is responsible for the shipping and handling of products purchased through its Site.
MEDMART32 may provide an Estimated Time to Ship for products based on the historical shipping performance. Estimated Time to Ship does not include transit time from the Vendor's facility to yours. Estimated Time to Ship is the average shipping performance for the past 90 days and does not represent a guarantee or promise of present or future performance.
All payments must be received by us prior to shipping. MEDMART32 also accepts payments made using PAYPAL, Visa, MasterCard, and American Express credit/debit cards.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on MEDMART32will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details MEDMART32Further the said information will not be utilized and shared by MEDMART32with any of the third parties unless required for fraud verifications or by law, regulation or court order. MEDMART32will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
MEDMART32 will accept the return of the products, provided such return is for products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that MEDMART32 are informed about such discrepancies from the date of receipt of the product and provided that the products are returned in their original condition. Please note, you can request for the return within 7 days from product delivery with dully filled Return Form or you can drop us a note at email@example.com
MEDMART32 will try to replace the specific product ordered. However, the company reserves the right to offer an alternate product in case the product is out of stock/ production.
The 7 days replacement guarantee is valid only in cases of manufacturing defects and transport damages and is invalid in cases of damages due to normal wear & tear and negligence on part of the customer. Should customers come across any issue with such products, they are advised to contact customer service within 72 hours, failing which MEDMART32 may decide not take a request for replacement.
In case you encounter any unusual problem with the use of product, which might affect treatment outcome for your patient, kindly inform us on firstname.lastname@example.org with a brief report on problem encountered. MEDMART32 will inform respective supplier and or manufacturer to investigate the case. In such cases, MEDMART32 might request customer to return the product for evaluation. Depending upon case to case, it might take 4-6 weeks for us to provide you report and solution for the same.
2.4.6 Changes and Cancellation
Any item additions, quantity changes or specification changes made to accepted orders will be modified in the order details. All sales are final, provided, however, item cancellations and quantity reductions may be made before the order is shipped. MEDMART32 may, without liability, cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with the payment mode selected by you. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. MEDMART32 may also require additional verifications or information before accepting any order. MEDMART32 will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Credit card.
Refund may take 14-20 Days of processing based upon credit/debit card issuance bank. The time taken can vary from bank to bank and MEDMART32 unfortunately won't be able to expedite this. Please check with your bank for more details.
2.4.7 Fraudulent /Declined Transactions
Our technology team do monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and MEDMART32reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. MEDMART32. reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, MEDMART32reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, MEDMART32shall owe no liability for any refunds.
2.4.8 Profanity Policy
MEDMART32 prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. Please report any violations of this policy to the correct area for review:
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transaction conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
MEDMART32will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
MEDMART32 reserves the right to withdraw or / and change the schemes & offers without notice. Any items sold under Offers & schemes cannot be taken back under any circumstances. Items under Special Offer & Schemes are available till Stocks lasts.
MEDMART32 is not responsible for any fees or usage charges related to your access of MEDMART32's Services. Your mobile network's data and messaging rates and fees may apply if you access or use MEDMART32's Services from a device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use MEDMART32's Services and any updates thereto. MEDMART32 does not guarantee that MEDMART32's Services, or any portion thereof, will function on any particular network, hardware, or devices.
You agree not to use, disclose, or permit disclosure of, for any purpose other than as stated in this Agreement, (i) any technical, financial, strategic, and other proprietary and confidential information or data relating to MEDMART32's business, operations, and properties; (ii) the technical, financial, strategic, and other proprietary and confidential information or data relating to the business, operations, or properties of MEDMART32; (iii) the User Data or Personal Information related to any other User; (iv) any non-public information of MEDMART32, or any User that such party designates as being proprietary or confidential, or of which the other party should reasonably know that it should be treated as confidential (collectively, "Confidential Information"). You agree that all Confidential Information shall remain the exclusive property of the disclosing party. You agree not to disclose or permit disclosure of any Confidential Information to third parties for any purpose except as permitted under these Terms, to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information, to prevent Confidential Information from falling into the public domain, and to return or destroy all Confidential Information of the disclosing party upon termination of this Agreement or at the request of the disclosing party subject to applicable law. In the event Confidential Information is required to be disclosed pursuant to the order or requirement of a court administrative agency, or other governmental body, you agree to provide prompt notice of such court order or requirement to MEDMART32 to enable MEDMART32 to seek a protective order or otherwise prevent or restrict such disclosure.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (i) is or becomes part of the public domain at a time it is intentionally disclosed by MEDMART32 or has entered the public domain through no act or omission on the part of the receiving party; (ii) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
With respect to your use of MEDMART32's Services, you agree that you will not:
3.4 WEBSITE ACCESS
MEDMART32 grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.medmart32.com
3.4.2 No access for commercial sale:
This access does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.
3.4.3 No reproduction:
This website or any portion of this website may not be reproduced, duplicated, copies, sold, visited, or otherwise exploited for any commercial purpose without express written consent of MEDMART32, Inc.
3.4.4 No framing:
You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MEDMART32and its affiliates without the express written consent.
You may not use any metatags or any other 'hidden text' utilizing MEDMART32name or trademarks without the express written consent of MEDMART32 Any unauthorized use terminates the permission or license granted by MEDMART32, Inc.
MEDMART32 may immediately, without notice, terminate this Agreement and/or stop providing access to its Services if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) MEDMART32 believes in good faith that such action is reasonably necessary to protect the personal safety or property of MEDMART32 and its customers or third parties.
At times, you may be allowed post or submit feedback, comments, questions, reviews, and other content or information on MEDMART32's Site. ("User Content"). You are solely responsible for, and the sole owner of the User Content that you upload, publish, display, link to, or otherwise make available on the MEDMART32 Site, and agree MEDMART32 is acting only as an interactive computer service for your publication of such User Content.
User Content may be posted so long as the content is not illegal, obscene, threatening, defamatory, an invasion of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of software viruses, political campaigning, commercial solicitation, links to other websites or any form of "spam". You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Content.
By making available any User Content, you hereby grant MEDMART32 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license, with the right to sublicense through multiple tiers, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, distribute, broadcast and otherwise exploit such User Content in any media or format, or to prepare derivative works or incorporate into other works such User Content in any media or format. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you do not acquire any rights to any research or commercial products that may be developed by MEDMART32 or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through or to the MEDMART32 Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available or you have all rights, licenses, consents and releases that are necessary to grant MEDMART32 the above license to such User Content; and (ii) neither the User Content itself, you making it available, or MEDMART32's use of the User Content will infringe, misappropriate or violate any third party rights, including, without limitation, any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
MEDMART32 reserves the right, but is not obligated, to review, monitor, reject or remove any User Content, at MEDMART32's sole discretion at any time and for any reason, without notice to you.
MEDMART32 may, but shall not be obligated to, remove or edit any Submissions, including comments or reviews, for any reason.
MEDMART32 is the owner or licensee of all copyrights in and to the content on this website, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this website; and (ii) the design, selection and arrangement of this website. All rights reserved and protected by Copyright law of the United States. All software used in this site is the property of MEDMART, Inc. and is protected under the Copyright Act of 1976, codified in Title 17 of the United States Code.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this website and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the website solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with MEDMART32 or its licensors. MEDMART32 and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this website for any purpose not expressly authorized herein without the prior written permission of MEDMART32 or its licensors is forbidden.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to us in writing by certified and notarized letter. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
Please note that this procedure is exclusively for notifying MEDMART32that your copyrighted material has been infringed.
All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of MEDMART32 Inc., or other third parties that have granted MEDMART32 the right and license to use such Marks. Nothing contained on this website should be construed as granting any license or right to use any such Marks without the written permission of MEDMART32 or such third party that may own the Marks displayed.
This DISPUTES (RESOLUTIONS) POLICY shall apply if (i) your country of residence is in the United States; or (ii) your country of residence is not in the United States, but any claims between you and MEDMART32 are brought in the United States.
By entering into this agreement, you and MEDMART32 mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate ("Dispute Resolution Agreement") is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with MEDMART32 ends. Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Dispute Resolution Agreement applies to all Claims (defined below) between you and MEDMART32, including our respective affiliates, subsidiaries, parents, successors and assigns, and each of our officers, directors, employees, agents, or shareholders.
Except as expressly provided below, all disputes and claims between us (each a "claim" and collectively, "claims") shall be exclusively resolved by binding individual arbitration solely between you and MEDMART32. The term "Claim" means any and all past, present or future disputes, claims or controversies between you and MEDMART32, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, without limitation, any and all claims arising out of or relating to: this Agreement and prior versions thereof (including the scope, applicability, breach, termination, enforcement, interpretation or validity thereof); the Site; MEDMART32's Services; your relationship with MEDMART32. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, interpretation or validity of the Dispute Resolution Agreement) shall be decided by the arbiter, except as expressly provided below.
By agreeing to arbitration, you understand that you and Medmart32 are waiving the right to sue in court or have a jury trial for all claims, except as expressly provided in this Dispute Resolution Agreement. This Dispute Resolution Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Dispute Resolution Agreement are expressly excluded from the requirement to arbitrate.
You understand and agree that you and MEDMART32 may each bring claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis ("class action waiver"). you understand and agree that you and MEDMART32 both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective, or representative proceeding.
The arbiter shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbiter shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbiter may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Any arbitration conducted pursuant to this Dispute Resolution Agreement shall be administered by the American Arbitration Association (“AAA”) or American Arbitration Association-International Centre For Dispute Resolution ("AAA-ICDR ") pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA's website (www.adr.org) (the "AAA Rules"). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbiter shall have the discretion to select a different set of AAA Rules, but in no event shall the arbiter consolidate more than one person's Claims, or otherwise preside over any form of representative, collective, or class proceeding. As part of the arbitration, both you and MEDMART32 will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbiter will decide the substance of all claims in accordance with applicable law,and will honor all claims of privilege recognized by law. The arbiter shall not be bound by rulings in prior arbitrations involving different users of MEDMART32's Services, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Unless you and MEDMART32 otherwise agree, the arbitration will be conducted in the territory determined by MEDMART32.
The arbiter may award any individualized remedies that would be available in court. The arbiter may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbiter will provide a reasoned written statement of the arbiter's decision which shall explain the award given and the findings and conclusions on which the decision is based. The arbiter’s award shall be final and binding, and judgment on the award rendered by the arbiter may be entered by any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce or cross-border transactions, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq.
Your responsibility to pay any AAA filing, administrative, and arbiter fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if MEDMART32 changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to info@MEDMART32.com with "Legal" in the subject line within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of MEDMART32's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MEDMART32 in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
By entering into this Agreement and using MEDMART32's Services, you agree to defend, indemnify and hold MEDMART32, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement, or any applicable law or regulation, whether or not referenced herein; (ii) your use or misuse of MEDMART32's Services or Products available therein.
MEDMART32 makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the MEDMART32 platform. MEDMART32 does not represent or warrant that: (a) the use of MEDMART32's services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) MEDMART32's services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through medmart32's services will meet your requirements or expectations, (e) errors or defects in MEDMART32's services will be corrected, or (f) the medmart32 network or other aspects of medmart32's services are free of viruses or other harmful components. MEDMART32's services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by MEDMART32. MEDMART32 makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of medmart32's services. You acknowledge and agree that the entire risk arising out of your use of MEDMART32's services, and any third-party services or products remains solely with you, to the maximum extent permitted by law.
MEDMART32's Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. MEDMART32 does not guarantee the availability or uptime of MEDMART32's Services. You acknowledge and agree that MEDMART32's Services may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, Shipping and Handling from MEDMART32 may be subject to limitations, delays, and other problems inherent in physical delivery, and MEDMART32 is not responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.
6.4 Force Majeure
No party shall be liable for any failure to perform its obligations under these Terms of Service if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
In no event shall medmart32, including its licensors, affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively "MEDMART32" for purposes of this section), be liable to you or anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including, without limitation, personal injury, loss of data, revenue, profits, use or other economic advantage). MEDMART32 shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage, or injury arising out of, or in any way connected with, MEDMART32's services including but not limited to the use or inability to use MEDMART32's services, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser, retailer, brand, sponsor, or other third-party provider whose advertising appears on MEDMART32's services or is referred through medmart32's services, even if medmart32 has been previously advised of the possibility of such damages.
Certain jurisdictions may not allow the exclusion or limitation of certain warranties and damages. Accordingly, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
MEDMART32 may give notice by means of a general notice on its Site, email, telephone, text message or by written communication sent by first class mail or pre-paid post to your address on record in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to MEDMART32 (such notice shall be deemed given when received by MEDMART32) at any time by sending an email to: info@MEDMART32.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
This Agreement may not be assigned by you without the prior written approval of MEDMART32 but may be assigned without your consent by MEDMART32 to: (i) a parent or subsidiary; (ii) an acquirer of assets; (iii) a successor by merger; or (iv) any third party that assumes MEDMART32's rights and obligations under this Agreement. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither MEDMART32's Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using MEDMART32's Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and MEDMART32 agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MEDMART32's Services or these Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.
While MEDMART32 Inc. makes reasonable efforts to provide information which is accurate, MEDMART32 Inc. does not guarantee that its efforts will always be successful. Therefore, as set forth above, MEDMART32 Inc. does not warranty that its Site will be free of errors and disclaims any liability for such errors.
No joint venture, partnership, employment, or agency relationship exists between you, MEDMART32, or any third party as a result of these Agreements (including MEDMART32's Terms) or use of MEDMART32's Services. If any provision of these Agreements are held to be invalid or unenforceable, you and MEDMART32 agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of MEDMART32 to enforce any right or provision these Agreements shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MEDMART32 in writing.
These Agreements constitutes the entire agreement between you and MEDMART32 and governs your use of MEDMART32's Services, superseding any prior agreements between you and MEDMART32. These Agreements and the relationship between you and MEDMART32 shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. In the event that either you or MEDMART32 commence a court action, any such action shall be brought exclusively in the state or federal courts located in Newark and New Jersey, and you and MEDMART32 both submit to personal jurisdiction there. The section titles or headings in these Terms are for convenience only and have no legal or contractual effect. A printed version of this these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
USER(S) ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about this Policy, the practices of this site, or your dealings with this site, please email at: email@example.com