Terms & Conditions - CLK Medical Supply
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Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

Prices

Prices are subject to change without notice. CLK Medical Supply is not responsible for typographical errors.

Warranty Limitations

Except as specifically set forth therein, CLK Medical Supply Inc makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations might not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights that vary from state to state.

Payment Methods

For your convenience we accept PayPal, American Express, Discover, Master Card and Visa. You can also pay by Certified Check or Money Order. Please send your payment to the office address. Please note that it make take 5-7 business days for your check to clear before the order is shipped. Payments by check that cannot be processed due to insufficient funds are subject to a $25 penalty fee.

Discount & Rebate Disclosure

You may have earned a discount or rebate ("discount") or a right to a discount on purchased items or services. The amount of any such discount will be separately identified either on the respective purchase invoice or statement or on a separate invoice or statement. Offer valid on our full array of products.

Open Account Receivable

All unpaid accounts receivable past due are subject to a 1.5% finance charge.

Shipping Charges/Taxes/Delivery

Separate charges for shipping and handling will be shown on CLK Medical Supply Inc's invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on CLK Medical Supply Inc's invoice. CLK Medical Supply Inc will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures or acts of God.

Title/Risk of Loss

Title to products and risk of loss passes from CLK Medical Supply Inc to you upon delivery to the carrier.

Description of Products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Use of this Web Site

Use of this Web site and access to the material it contains is subject to the following Terms and Conditions as well as to applicable laws. Your access to and browsing of this Web site constitutes your full acceptance of these Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

No Unlawful or Prohibited Use

As a condition of your use of this Web site, you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web site in any manner that could damage, disable, overburden, or impair any CLK Medical Supply Inc server, or the network(s) connected to any CLK Medical Supply Inc server, or interfere with any other party's use and enjoyment of the Web site. You may not attempt to gain unauthorized access to any computer systems or networks connected to any CLK Medical Supply Inc server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site. CLK Medical Supply Inc makes no representation that the Web site is appropriate or available for use in locations outside the United States, and accessing the Web site from territories where such content is illegal is prohibited. Those who choose to access this Web site from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.

Security

You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify CLK Medical Supply Inc of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.

Links to Other Web Sites

This Web site may contain links to other Web sites not owned or managed by CLK Medical Supply Inc or its affiliates. CLK Medical Supply Inc provides such links solely for the convenience of our visitors and members. CLK Medical Supply Inc is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by CLK Medical Supply Inc, our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website without our prior written permission.

Advertisements on this Site

CLK Medical Supply Inc, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by CLK Medical Supply Inc. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

Proprietary Rights

Copyrights. CLK Medical Supply Inc is the owner or licensee of all copyrights in and to the content on this Web site, 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 Web site; and (ii) the design, selection and arrangement of this Web site. All rights reserved.

Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Web site 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 Web site 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 CLK Medical Supply Inc. or its licensors. CLK Medical Supply Inc and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Web site for any purpose not expressly authorized herein without the prior written permission of CLK Medical Supply Inc or its licensors is forbidden.

Trademarks

All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of CLK Medical Supply Inc, or other third parties that have granted CLK Medical Supply Inc the right and license to use such Marks. Nothing contained on this Web site should be construed as granting any license or right to use any such Marks without the written permission of CLK Medical Supply Inc or such third party that may own the Marks displayed.

Your Information

We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Web site by you and all information provided by you in any manner consistent with our Privacy Statement. Click here to read our Privacy Policy, which is incorporated into these Legal Terms and Conditions by reference.

Typographical or Other Errors

While CLK Medical Supply Inc takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. CLK Medical Supply Inc does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While CLK Medical Supply Inc makes reasonable efforts to prevent unauthorized tampering with the Web site, CLK Medical Supply Inc does not guarantee that its efforts will always be successful. Therefore, as set below, CLK Medical Supply Inc does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.

Disclaimer of Warranties

CLK MEDICAL SUPPLY INC MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. CLK MEDICAL SUPPLY INC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER,CLK MEDICAL SUPPLY INC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. CLK MEDICAL SUPPLY INC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF THE CLK MEDICAL SUPPLY INC PARTIES BE LIABLE TO YOU , YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OF THE CONTENT, THE SERVICES, OR ANY OTHER INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE CLK MEDICAL SUPPLY INCORPORATED PARTIES BE LIABLE TO YOU, YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS CLK MEDICAL SUPPLY INCORPORATED PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

Indemnification by User

You agree to defend, indemnify, and hold harmless CLK Medical Supply Inc and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.

Termination

CLK Medical Supply Inc shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Terms and Conditions or otherwise been engaged in conduct which CLK Medical Supply Inc determines in its sole discretion to be unacceptable.

Integration and Severability

These Terms and Conditions constitute the entire agreement between you and CLK Medical Supply Inc with respect to this Web site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CLK Medical Supply Inc with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

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