Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please do
not use this site. Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Omar Medical Supplies, Inc...
The collective work includes works that are licensed to Omar Medical Supplies,
Inc... Copyright 2003, Omar Medical Supplies, Inc.. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of
this site for the sole purpose of placing an order with Omar Medical Supplies,
Inc.. or purchasing Omar Medical Supplies, Inc.. products. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with Omar Medical Supplies, Inc.. or to purchase Omar Medical
Supplies, Inc.. products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this site
is strictly prohibited, unless authorized by Omar Medical Supplies, Inc... You
further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Omar Medical Supplies, Inc..
used in the site are trademarks or registered trademarks of Omar Medical
Supplies, Inc..
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Omar Medical Supplies,
Inc.. disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular purpose
and non-infringement. Omar Medical Supplies, Inc.. does not represent or
warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components.
Omar Medical Supplies, Inc.. does not make any warrantees or representations
regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Omar Medical Supplies, Inc.. shall not be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Omar Medical
Supplies, Inc.. has been advised of the possibility of such damages. Applicable
law may not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
Typographical Errors
In the event that a Omar Medical Supplies, Inc.. product is mistakenly listed
at an incorrect price, Omar Medical Supplies, Inc.. reserves the right to
refuse or cancel any orders placed for product listed at the incorrect price.
Omar Medical Supplies, Inc.. reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, Omar Medical Supplies, Inc.. shall issue a credit to your
credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Omar Medical Supplies,
Inc.. without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Omar Medical Supplies, Inc.. may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to Omar Medical Supplies, Inc...
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of Omar Medical Supplies, Inc.. products) shall be in the state
or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Omar Medical Supplies, Inc.. products) must be
commenced within one (1) year after the claim or cause of action arises. Omar
Medical Supplies, Inc..'s failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and
conditions. Omar Medical Supplies, Inc.. may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Omar Medical Supplies, Inc.. or other licensed employee,
host, or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation Disclaimer
Omar Medical Supplies, Inc.. does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Omar Medical Supplies, Inc.. is merely
acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site.
However, Omar Medical Supplies, Inc.. reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to Omar Medical Supplies, Inc.. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Omar Medical Supplies, Inc..,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Omar Medical
Supplies, Inc.. may link to sites operated by third parties. However, even if
the third party is affiliated with Omar Medical Supplies, Inc.., Omar Medical
Supplies, Inc.. has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Omar Medical
Supplies, Inc... These linked sites are only for your convenience and therefore
you access them at your own risk. Nonetheless, Omar Medical Supplies, Inc..
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
|