Last Updated: February 25, 2013
GRANT OF LICENSE
Spirit Medical Supplies grants you a single, non-exclusive, limited personal license to access and use the Websites conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Websites.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by Spirit in writing, you agree not to use any software, program, application or any other device to access or log on to Spirit’s computer systems, Websites or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Spirit’s computer systems, Websites or proprietary software. Spirit is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Websites in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the Websites is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Websites without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Spirit and our affiliates without express written consent. You may not use spiritmedicalsupplies.com or other owned websites by Spirit or Spirit's name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying spiritmedicalsupplies.com, or other affiliated sites owned by spiritmedicalsupplies.com in any meta tags, "hidden text," information used by search engines or other information tools to identify and select sites without the express written consent of Spirit Medical Supplies .
INFORMATION AND PRODUCT DESCRIPTIONS
The Website(s) may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through spiritmedicalsupplies.com or any affiliated websites, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Spirit, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Spirit, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Website(s). You understand that none of the Information available through the Website(s) constitutes a recommendation or solicitation to take or not take any particular action. Any products on Spirit's site that includes the statement "compare to ______ brand" is purely based on product similarities and has not been tested against or actually compared to any other product(s) and differences may be present. It is up to the consumer to determine the similarities and performance of each product.
Further, Spirit does not warrant that product descriptions on the Website(s) are accurate, complete, reliable, current or error-free. If a product offered by Spirit itself is not as described, your sole remedy is to return it promptly in unused condition.
The Website(s) may permit you to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of your content. Spirit reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Spirit and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials and/or content throughout the world in any media. You grant Spirit and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Spirit or its affiliates for all claims resulting from content you supply. Spirit has the right but not the obligation to monitor and edit or remove any activity or content. Spirit takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, Spirit is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Spirit for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
OTHER BUSINESSES AND LINKS
Parties other than Spirit and its subsidiaries may operate stores, provide services or sell product lines on this site. In addition, spiritmedicalsupplies.com and any other websites owned by Spirit may provide a link to other services or sites as part of the Websites. Such sites are not under the control of Spirit, and Spirit makes no representations or warranties whatsoever of the offerings of, any of these Websites, businesses or individuals or the content of their Websites. Unless we expressly state otherwise, the fact that Spirit has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of spiritmedicalsupplies.com and any affiliated websites owned by Spirit so long as the link does not portray spiritmedicalsupplies.com an any other websites owned by Spirit, their affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use the spiritmedicalsupplies.com or affiliated websites owned by Spirit or Spirit logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to spiritmedicalsupplies.com or any other websites owned by Spirit in any way that suggests Spirit has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THIS/THESE WEBSITE(S) ARE PROVIDED BY SPIRIT ON AN "AS IS" AND "AS AVAILABLE" BASIS. STAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS/THESE WEBSITE(S) OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS/THESE WEBSITE(S). YOU EXPRESSLY AGREE THAT YOUR USE OF THIS/THESE WEBSITE(S) IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPIRIT DOES NOT WARRANT THAT THIS/THESE WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM THIS/THESE WEBSITE(S) OR STAT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS/THESE WEBSITE(S), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Spirit Medical Supplies and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.
The Website(s), their content and compilation of content, and all software used on the Website(s) is owned by Spirit or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to Spirit or its affiliates or agents and partners. The materials provided in this service, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Spirit’s, its affiliates' or its third party information providers' copyrights and other proprietary rights.
“Spirit Medical Supplies "and other possible marks (including graphics, logos, page headers, button icons, scripts and service names) indicated on our Website(s) are/will be trademarks or trade dress of Spirit in the United States and other countries. Spirit trademarks and trade dress may not be used in connection with any product or service that is not Spirit’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Spirit or the Website(s). All other trademarks not owned by Spirit that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Spirit.
MODIFICATIONS TO THE WEBSITE
Spirit reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website(s) with or without notice. You agree that Spirit will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website(s). You further agree that Spirit, in its sole discretion and with or without notice, may terminate your access to any or all of the Website(s), and remove and discard any information or content within the Website(s). You also agree that Spirit will not be liable to you or any third-party for any termination of your access to the Website(s).
These Terms shall be subject to and construed in accordance with the laws of the State of South Dakota, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES
Any dispute relating in any way to your visit to the Website(s) or to products you purchase through the Website(s) or by phone shall be submitted to confidential arbitration in South Dakota, except that, to the extent you have in any manner violated or threatened to violate Spirit’s intellectual property rights, Spirit may seek injunctive or other appropriate relief in any state or federal court in the state of South Dakota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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 provide Spirit’s copyright agent the written information specified below:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Website;
· Your address, telephone number, and email address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Spirit's Copyright Agent for notice of claims of copyright infringement on its Website(s) can be reached as follows:
Spirit Medical Supplies