For the purpose of these Terms and Conditions, “we” and “our” refers to Hensler Surgical Products, LLC, the operator of this website, and “you” and “your” refers to any visitor to our website.
We provide our products and services to you subject to the following conditions. If you visit our website, you accept these conditions.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our licensors, partners, or suppliers; and is protected by domestic and international copyright laws. The compilation of all content on this site is our exclusive property, and is protected by domestic and international copyright laws.
TRADE MARKS
Our trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among the public without our express written permission. Any trademarks appearing on our website that are not owned by us (or one of our subsidiaries or related companies) are the property of their respective owners.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site. As a condition to the grant of such license, there are certain things you may not do without our prior express written permission. The list of such conditions, which may be modified from time to time, appears below. Without our prior express written permission, you may not:
- Download (other than page caching), modify, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, our website, or any portion of it;
- Frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form); or
- Use any meta tags or any other “hidden text” utilizing our name or trademarks.
Furthermore, this license does not include:
- any resale or commercial use of our site or its contents;
- any collection and use of any product listings, descriptions, or prices;
- any derivative use of this site or its contents;
- any downloading or copying of account information for the benefit of another merchant; or
- any use of data mining, robots, or similar data gathering and extraction tools.
You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to our website so long as the link does not portray us, our associates, or our/their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without our express written permission. Any unauthorized use or violation of any of these conditions terminates the licenses granted to you by us hereunder.
YOUR MEMBERSHIP ACCOUNT
If you use this website, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with permission from and involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion for any reason or no reason at all.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
From time to time, we may offer the ability for visitors to post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information. Such posts will only be permitted 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, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant us 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 content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content. 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, and that use of the content you supply does not violate this policy and will not cause injury to any person or entity. By visiting this website you agree that you will and hereby do indemnify us and all of our parents, subsidiaries and related companies for all claims resulting from content you supply. We have the right, but not the obligation to monitor and edit or remove any activity or content posted to our website. We take no responsibility and assume no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. The risk of loss for such items passes to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
When preparing and posting product descriptions on our website, we strive to be as accurate as possible. We do not, however, warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
RETURNS AND REFUNDS
A product may be returned for a refund only under two conditions. (1) If a product offered on our website is not as described, your sole remedy is to return it in unused condition within thirty (30) days of purchase for a full refund. (2) If a product offered on our website suffers from a material defect, your sole remedy is to return it within thirty (30) days of purchase for a full refund.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PUBLISHED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, 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.
APPLICABLE LAW
By visiting this website, you agree that the laws of the state of North Carolina in the United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or our parents, subsidiaries or related companies.
DISPUTES
Any dispute relating in any way to your visit to this website or to products you purchase through this website shall be subject to the jurisdiction of the state or federal courts located in Charlotte, Mecklenburg County, North Carolina, United States, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
By using this website, you agree and affirm that you have read and understand our other policies, such as our Privacy Policy and Shipping and Returns Policy, posted on this site. These policies also govern your visit to this website. We reserve the right to make changes to our site, policies, and these Website Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Website Terms and Conditions, Privacy Policy, Shipping and Returns Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the menu. You may email us at support@henslersurgical.com
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