Terms Of Service

Before accessing or using the Assurance Medical Devices, LLC (“aMD”) website, please read these Terms of Service carefully.

By accessing or using any part of our site, you, the user agrees to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Your access and participation are subject to these Terms, our Privacy Policy, and any Rules for applicable promotions (collectively, the “Agreements”). Should you not agree to these Terms of Service, then you should not access this site.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Use of our site constitutes your acceptance of these Terms of Service.

Our store is hosted on BlueHost which allows us to sell our products and services to you.

Online Store Terms
By agreeing to these Terms of Service, Users must be at least eighteen (18) years of age to, make purchases from, or participate in promotions offered as part of aMD Services. By using aMD’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. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Communications
By entering into this Agreement or using aMD’s Services, you expressly consent and agree to accept and receive communications from aMD and/or Vendors that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to aMD. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, UNSUBSCRIBE FROM aMD’s PROMOTIONAL EMAIL, TEXT OR PUSH NOTIFICATIONS TO YOUR CELLULAR TELEPHONE ONE NUMBER, YOU MAY DO SO THROUGH YOUR DEVICE SETTINGS OR BY CONTACTING YOUR CUSTOMER SERVICE REPRESENTATIVE.

PRICING, SHIPPING, BILLING and REFUNDS

Pricing Of Products Sold Via The aMD Website
aMD’s online website 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. aMD attempts to be as accurate as possible with Product descriptions or images, however they may not reflect the actual packaging, contents or color and aMD does not warrant that Product descriptions and/or images available on its Site are accurate, complete, reliable, current, or error-free

When purchasing products on the aMD website, you understand and acknowledge that you may incur fees or charges from aMD or our Vendors in connection with the products purchased. All Fees or Charges will be identified in your cart prior to or during checkout, and in your receipt. Fees and Charges may include:

Price or Subtotal Price— Retail price reflects the price of the product before any available discounts.
Sales Tax(see below)
Shipping and Handling Charges— represents charges to ship the product(s) you are purchasing.

Prices are subject to change at any time without notice. Prices are confirmed at checkout when the purchase is completed. We reserve the right to refuse or cancel any order which may contain a typographic error, error in pricing or error in product description received from our Vendor(s).

SALES TAX

Sales Of Product Are Subject To Tax
All orders placed will calculate, the applicable sales tax due to the respective state taxing authorities. Sales tax is generally calculated based on the total selling price of each item. Be advised that the total selling price may include shipping and handling costs depending upon the state’s taxing laws.

Note that the order placed represents an estimated sales tax amount and may differ from the sales taxes ultimately charged at the time of credit card authorization.

Shipping and Handling
aMD is not responsible for the shipping and handling of products purchased through its Site.

Payment Processing
Note that we use a third-party payment service to process your order via our site. aMD requires that you provide your name, phone number, email address, shipping and billing address so we can fulfill your order. You acknowledge the information provided to us, simultaneously will be provided to the third -party payment processor. The payment processing and storage of your credit card information are handled by Stripe, Inc. Stripe will collect your credit card information and charge your credit card for the order. For more information about Stripe’s privacy, please visit Stripe.com/privacy. You agree to provide current, complete and accurate credit card and account information for all purchases made on our Site. You agree to make all payments for any order placed by you or your authorized representative.

Returns
aMD assumes no responsibility for your ability to return or receive refunds for any products purchased through its Site. Returns and/or Refunds are subject to the policies set forth by each Vendor. Contact our Customer Service Department to obtain Vendor return or refund policies.

Mobile Data Usage Charges and Fees
aMD is not responsible for any fees or usage charges related to your access of aMD Services. Your mobile network’s data and messaging rates and fees may apply if you access or use aMD’s Services from a mobile device.

User Privacy
By entering into this Agreement, you agree to the collection of certain User Data as detailed in the Privacy Policy. aMD reserves the right to update its Privacy Policy without notice. The User agrees to review the Privacy Policy for any future updates The User agrees to the terms of any future updates. The User agrees that aMD will retain and may use your User Data for business, legal, and other necessary purposes during and after this Agreement is terminated.

Termination
aMD, reserves the right to terminate this Agreement without notice. aMD reserves the right to terminate access to its Services if (i) you have breached your obligations under the Terms of this Agreement, (ii) you are in violation of any applicable federal or state laws, regulations or third-party rights, or (iii) aMD feels it is necessary to protect the safety or property of aMD, its customers, or any third party.

Copyrights
aMD 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 HTML code, and interfaces contained on this website; and (ii) the design, selection and arrangement of this website. All rights reserved.

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 aMD. Use of the copyrightable material on this website for any purpose not expressly authorized herein without the prior written permission of aMD is forbidden.

ARBITRATION AND DISPUTE RESOLUTION

This Dispute Resolution and Arbitration Agreement are applicable if

your country of residence is in the United States; or
your country of residence is not in the United States, but any claims between you and aMD are brought in the United States.

Agreement to Arbitrate
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

By entering into this Agreement, you and aMD mutually agree to wave any respective rights to Resolution of Disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration. This agreement to arbitrate, is governed by the Federal Arbitration Act and is effective during and after the Agreement terminates or your relationship with aMD ends.

ALL ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. This Arbitration Agreement applies to all Claims (defined below) between you and aMD, including our successors and assigns, and each of our officers, directors, employees, agents, or members.

Claims
ANY DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION SOLELY BETWEEN YOU AND aMD.

Jury Trial Waiver
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND aMD ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT.

Class Action Waiver
YOU UNDERSTAND AND AGREE THAT YOU AND aMD 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 aMD 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.

Arbitration Rules and Governing Law
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) 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.

Location of Arbitration
Unless you and aMD otherwise agree, the arbitration will be conducted in Somerset County, New Jersey.

Arbitration Decision
The arbitrator will provide a written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator 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, 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 arbitrator fees will be solely as set forth in the AAA Rules.

Changes
Notwithstanding the provisions of the modification-related provisions above, if aMD 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@assurancemedicaldevices.com. Your notification needs to include the following: the word ‘Legal” in the subject line of the notice and be received within 30 days of the date by which the changes are effective. Non notification of the updated changes will result in arbitration of any Dispute between you and aMD in accordance with date you first accepted this Agreement.

Indemnification
By entering into this Agreement and using aMD’s Website and Services, you agree to indemnify and hold harmless aMD’s, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, 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 aMD’s Products and Services available therein.

Disclaimer Of Warranty
aMD makes no representation, warranty, or guarantee as to the reliability, availability quality and or accuracy of the aMD website.

aMD does not warrant or represent the following:

Use of the aMD services is secure, timely free of errors.
That services will meet your requirements or expectations.
All stored data will be accurate and reliable.
The quality of any products, services and information purchase will meet your desired expectations.
Errors, omissions or defects will be corrected.
Provided services are free of viruses. All services are provided on an “AS IS” basis.
Makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality or availability of any product or service obtained by third parties. You acknowledge and agree that all risk arising out of your use of the aMD services and any third-party services or products remains solely with you.

Delays
You acknowledge that aMD’s Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. You further acknowledge that Shipping and Handling from Vendors may be subject to limitations, delays, and other problems inherent in physical delivery, and aMD is not responsible for any as a result of any delays, delivery failures, or other damages, liabilities, or losses incurred.

Limitation Of Liability
In no event shall any of the Parent, Successors and Assigns, of any Officer, Director, Member, Employee, Agent, Representative, Licensor or Affiliates, be liable to you or anyone for any indirect, punitive, special, exemplary, incidental, consequential of any other damages of any type arising (including but not limited to; personal injury, revenue, profits or loss of data).

aMD will introduce new products from vendors, brands or other third-party providers with the purpose of expanding our products and services. aMD may not assess the quality, suitability, legality, or the ability any particular vendor brand or third-party provider. You expressly waive and release aMD from any and all claims, liability or damages that may arise from the use of any third-party. aMD will not be a party to any disputes, negotiations of disputes that may arise between you and any third-party.

You acknowledge and waive any and all rights and benefits under sections 1542 of the civil code of the State of California, or any laws similar in any other state which read as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Should a jurisdiction not allow the exclusion or limitation of certain warranties and damages, accordingly, some or all of the above disclaimers and or exclusions and limitations of liability may not apply to you, whereby you may have additional rights. The Disclaimers, and or Exclusion and Limitations of Liability under this Agreement will not apply to the extent prohibited by applicable law.

Notices
aMD reserves a right to provide notice by including 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 have the right to provide notice to aMD at any time by sending an email to: info@assurancemedicaldevices.com. Please include the word “Notice”, with a description of the specific notice in the subject line of the email. Notice shall be deemed given when received by aMD.

Assignment
aMD has the right to assign this Agreement without your consent. aMD can assign this Agreement to (i) a parent or subsidiary; (ii) an acquirer of assets; (iii) a successor by merger; or (iv) any third party that assumes aMD’s rights and obligations under this Agreement. You are not able to assigned this Agreement without the prior written approval of aMD.

Error, Inaccuracies and Omissions
aMD takes all precautions to provide information which is accurate. aMD does not warranty that its Site will be free of typographical errors, inaccuracies or omissions that relate to product descriptions, pricing, offers, shipping charges, transit times or product availability. aMD disclaims any liability for such errors.

Other Conditions
These Agreements constitutes the entire agreement between you and aMD and governs your use of aMD’s Services, superseding any prior agreements between you and aMD. These Agreements and the relationship between you and aMD 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 aMD commence a court action, any such action shall be brought exclusively in the state or federal courts located in Somerset County, New Jersey, and you and aMD 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 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.