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Terms and Conditions

Agile Medical Supply Legal Terms and Conditions

Updated to January, 2018

  1. Internet Site Terms and Conditions

AMS provides this web site (the “Site”) subject to your compliance with these terms and conditions (the “Agreement”). In this Agreement “Agile Medical Supply Ltd.”, “Us”, “We” or “Our” operating under the name Agile Medical Supply Ltd. (AMS) (“AMS”, “Us”, “We” or “Our”).

PLEASE READ THIS BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, EXIT THE SITE IMMEDIATELY AS YOU ARE NOT AUTHORIZED.

By placing an order through this website, you agree to the terms and conditions set for the below. Please read through these terms carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference.

Content found on the Website is for informational purposes only and is not intended serve as medical advice or guidance such as that which you would receive from your physician or other medical provider. The website is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

You should always consult a physician before starting or changing a diet program, starting or changing a health or fitness program, or if you have any questions regarding a medical condition. By using this website and/or making a purchase, you represent and warrant that you have received consent from your physician.

If you are pregnant or have any medical conditions, please consult your physician before use.

  1. Rules

While visiting the Site, you may not:

  1. a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
  2. b) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or
  3. c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
  4. Site Operation

AMS shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.

  1. Monitoring

AMS has no obligation to monitor the Site. However, you agree that AMS has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users in accordance with AMS’s Privacy Policy. AMS will not intentionally monitor or disclose any private electronic-mail message unless required by law. AMS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

  1. Submissions

All information submitted to AMS through Site shall become the property of AMS and AMS shall be free to use, for any purpose, idea, concepts, know-how or techniques contained in information that you may submit to AMS through this Site. AMS shall not be under an obligation of confidentiality in respect of such information except and to the extent that AMS enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by AMS or as may be required by applicable law.

  1. Privacy

In so far as you enter into a customer agreement, other than this Agreement, with AMS or one of its sponsoring banks, processors or suppliers, then information submitted by you in the course of such relationship shall be governed pursuant to AMS privacy policy posted on this Site, such as it may be from time to time.

  1. Limitation of Liability

AMS, INCLUDING ITS AFFILIATES, RELATED COMPANIES, SPONSORING BANKS, PROCESSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, AMS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL AMS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.

  1. Recourse

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of AMS in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

  1. Indemnity

You agree to defend, indemnify and hold AMS and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.

  1. Intellectual Property

All elements of the Site (the “Elements”) such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of AMS and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of AMS or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices.

The trademarks and logos used or posted on the Site are trademarks which were registered or not by AMS or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.

  1. Third Party Links

Third parties may provide links to other internet websites or resources on this Site. AMS neither controls nor endorses such ‘linked sites’ nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that AMS is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that AMS, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.

  1. Territory

The Site originates and is published in the Province of British Columbia , Canada, however, certain services offered from this Site are availble elsewhere.

  1. Amendments

AMS reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.

  1. Governing Law

If you are located in the United States, this Agreement shall be governed pursuant to the laws of the Province of British Columbia, Canada. If you are located outside Canada, this Agreement shall be governed pursuant to the laws of the Province of British Columbia, Canada, whose courts, in Vancouver, shall have exclusive jurisdiction over disputes arising hereunder.

  1. Miscellaneous

This Agreement, including any and all documents referenced herein, constitutes the entire agreement between AMS and you pertaining to the subject matter hereof. In the event that you are solicited by AMS for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. AMS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the Province of British Columbia, Canada and the federal laws applicable therein.

  1. Refund Policy

Due to the nature of this product, we do not provide refunds. In the event of damaged product during shipping, AMS must be contacted and notified within 24 hours of delivery. Photos and return of damaged goods in full may be required.

  1. CHILDREN UNDER THE AGE OF 19 SHOULD NOT USE THIS WEBSITE.

Any person or person under the age of 19 is strictly prohibited from using this website. We do not collect, post or maintain information at our website from those we identify as under 19. In the event we learn we have collected personal information from a child under 19, we will delete that information as soon as reasonably practicable.

  1. Contacting Agile Medical Supply

If you have any questions concerning this Agreement, please contact AMS through the contact information set out on the Site.

© 2018 Agile Medical Supply Ltd.  All rights reserved.

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