Terms of use

Terms of Use

Welcome to www.americanmedicaldirect.com (the “Site”). The Site and any Products or Services provided by American Medical Direct (“AMD”) on or in connection with the Site (the “Services”) are provided to you individually or, if you are subscribing to the Site on behalf of an organization, the entity on whose behalf you act (“You”) subject to the following terms and conditions (the “Terms of Service”). By using the Site, You agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, do not use the Site or the Products or Services.

Changes to these Terms of Service

AMD reserves the right to make changes to these Terms of Service by advising You of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms of Service on the Site. The changes are effective on the earlier of (i) AMD providing You with notice of such changes, or (ii) 14 days after the amended Terms of Service are posted on the Site. If You do not agree to the amended Terms of Service, do not use the Site or the Products and Services after the effective date of the amendment.

Privacy Policy

AMD collects, uses, and discloses Your personal information in accordance with our Privacy Policy, which is available at www.americanmedicaldirect.com. By providing information to AMD, You consent to the use of such information in accordance with the Privacy Policy.

Content

You recognize and agree that the content made available through AMD is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling or as the practice of medicine or as the creation of a physician-patient relationship with AMD. Users should never use any AMD resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the Products and Services or resources offered through AMD.

You are responsible for ensuring that you have the right to provide Your Content to AMD for publication in connection with the Site and the Products and Services and, notwithstanding any disclaimers or limitations otherwise applicable in respect of Your Content, You agree to hold harmless and indemnify AMD for any liability arising from Your Content. By submitting Your Content to AMD, You automatically grant, and You represent and warrant that You have the right to grant, to AMD and its licensees an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable and worldwide licence to reproduce, copy, publicly perform, publicly display, publish, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works (including collections) of, incorporate into other works and otherwise use and exploit Your Content in connection with the Site and AMD’s (and its successors’ and affiliates’) business, including, without limitation, for promoting, advertising and redistributing part or all of the Site and derivative works thereof in any media formats and through any media channels, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site a non-exclusive licence to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Site and under these Terms of Service. AMD reserves the right to remove Your Content, in whole or in part, from the Site at any time.  Unless otherwise stated for specific Products and Services, AMD does not assert any ownership over Your Content; rather, as between AMD and You, subject to the rights and licenses granted to AMD in these Terms of Service, You retain full ownership of all Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

Termination of Service or Access

AMD reserves the right to refuse service to anyone at anytime at our sole discretion. In the case where we discontinue service we will continue to honor any warranty obligations as required by law.

If You use the Site in any manner that is prohibited by these Terms of Service, AMD may without notice terminate or suspend Your use of or access to the Site or the Products and Services.

Descriptions and Errors

AMD attempts to be as accurate as possible. However, AMD does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on AMD.

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, AMD shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. AMD shall have 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, AMD shall issue a credit to your credit card account in the amount of the incorrect price.

Third Party Links
In an attempt to provide increased value to our visitors, AMD may link to sites operated by third parties. However, even if the third party is affiliated with AMD, AMD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AMD. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, AMD 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 other linked sites.

Return Policy & Cancellations


Order cancellations must be submitted prior to order being shipped. Once an item has been shipped the order can no longer be canceled and must fall under our return policy.

Orders may be returned if received unopened and unused within 30 days of placing the order. Please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to get a return authorization and full instructions on where and how to return your order.

Shipping Policy

We only ship orders to the 48 Continental United States. All orders are shipped UPS or FedEx unless otherwise specified. Orders typically ship within 24-48 hours and sometimes same day. We ship from multiple warehouses around the country. Invoices with multiple items may be delivered in separate packages.

Loss

All items purchased from AMD are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Changes to the Site

AMD reserves the right to change any aspect of the Site or the Products and Services including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to You.

Prohibited Use of the Site

The Site is provided to You for your personal use. You may not use the Site to engage in any unlawful activity or to infringe the rights of AMD, its affiliates, or its customers. You further agree that You will not and You will not allow Your representatives or agents to: (i) interfere with the operation of the Site or the Products and Services, in any way or interfere with anyone’s use or enjoyment of the Site or the Products and Services, or use the Site or the Services to gain unauthorized access to other computer systems; (ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business; (iii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iv) impersonate any person or entity on or through the Site; (v) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; (vi) post any content that You do not own or do not have the right to post; (vii) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given AMD written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); (viii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or the Products and Services or any component thereof other than as may be expressly permitted in writing by AMD or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws; or (ix) disclose Your password or otherwise grant access to the Site to any third party, other than Your authorized agent, without the prior written consent of AMD) You agree to abide by all additional rules, policies, and restrictions of which You are provided with notice that apply to any portion of the Site or the Products and Services.

Operation and Maintenance of the Site

AMD operates the Site in a commercially reasonable manner and may from time to time interrupt the Site’s services for regular and emergency maintenance. Where AMD has advance knowledge of any interruption to the Site’s services, AMD will make reasonable efforts to provide advance notice of any such interruption.

Monitoring Use of the Site

AMD has no obligation to monitor the Site, but may do so and disclose information regarding the Products and Services for any reason if AMD, in its sole discretion, believes that it is reasonable to do so, including, without limitation, to:  (i) satisfy laws, regulations, or governmental or legal requests,  (ii) operate the Site properly, or (iii) protect itself and its customers and users. AMD may immediately remove material or information from AMD’s servers, in whole or in part, which AMD, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the terms of use set forth herein.  You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by AMD in accordance with the Privacy Policy of the Site.

Intellectual Property of AMD

The copyright to the Site, the design and appearance of the Site, and all software, processes and technology interactive with the materials and content placed on the Site by You or other users are owned by or licensed to AMD. AMD reserves all rights in any such proprietary rights, and no license is hereby granted or implied, such rights being exclusively reserved and retained by AMD strictly for Your access and use of the Site and Products and Services.  All content and materials are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of AMD is expressly prohibited. © Copyright 2011 AMD. All rights reserved. American Medical Direct is an unregistered trade-marks of AMD or its affiliates or associates in the United States or other countries. Other service and product marks that appear on the Site are the trade-marks of their respective owners. The display of any trade-marks on the Site does not imply that a license has been granted for any further use.

Claims of Infringement

AMD respects the intellectual property rights of others. However, third party materials that are not owned or controlled by AMD may be transmitted, stored, accessed or otherwise made available using the Service.  You agree to notify AMD if and to the extent any situation arises wherein you believe any material available through the Service infringes a copyright.  Any claimant must notify AMD using the notice procedure for claimed infringement under the Digital Millennium Copyright Act (“DMCA”) and provide the following:

If you believe that your work has been copied and has been posted, stored or transmitted to AMD’s website in a way that constitutes copyright infringement, please submit a notification \ by providing AMD the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) a description of the copyrighted work that you claim has been infringed upon, (iii) a specific description of where the material that you claim is infringing is located on the website, (iv) your address, telephone number, and email address, (v) 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, and (vi) 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.

Dealing with Third Parties

Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. AMD is not responsible for any damages You may claim or suffer by entering into such transactions or communications. You and the third party, not AMD, are responsible for compliance with all laws applicable in any such transaction or communication.

No Warranties and No Liability

You acknowledge and agree that the Site and the Products and Services are provided to You on an “AS IS”, “WITHOUT ANY WARRANTIES” and “WITHOUT ANY LIABILITY” basis. The parties to these Terms of Service acknowledge and agree that this limitation on liability is reasonable in the circumstances.

AMD DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE OR THE PRODUCTS AND SERVICES OR THE INFORMATION PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE SITE OR THE PRODUCTS AND SERVICES WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION.  IF AND TO THE EXTENT THAT YOU PURCHASE ANY PRODUCTS OR SERVICES USING THIS SITE, YOU AGREE TO LOOK SOLELY TO THE MANUFACTURER OR OTHER VENDOR WITH RESPECT TO ANY CLAIMS OF DEFECTS OR OTHER BREACH OF WARRANTY, AND NOT TO AMD.

AMD DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE SITE OR THE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

AMD IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE PRODUCTS AND SERVICES OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AMD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF SERVICE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

Limit on Damages and Claims

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF AMD’S LIABILITY TO YOU IN ANY CIRCUMSTANCE EXCEED THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE SITE OR, IN THE EVENT THAT YOU HAVE NOT PAID ANY FEES IN RESPECT OF THE SITE, $100.00 (US).

ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THE PRODUCTS AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnity

YOU HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY AMD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, OR COSTS THEY INCUR ARISING AS A RESULT OF YOUR MISUSE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF AMD OR ANY OTHER PERSON OR ENTITY, INCLUDING SUCH ACTIVITIES THAT ARE CARRIED OUT BY ANY INDIVIDUAL USING YOUR LOGIN OR PASSWORD INFORMATION.

Entire Agreement

These Terms of Service, together with the Privacy Notice at http://www.americanmedicaldirect.com and any other legal notices published on the Website, shall constitute the entire agreement between you and AMD concerning the Site. A waiver by AMD of any terms herein shall not be construed as a waiver of any subsequent breach of this Agreement. This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles.  This agreement is accepted and performed at Bexar County, Texas, and venue shall be proper only in that county. No amendments or modifications to this Agreement shall be effective or binding against AMD unless expressly agreed to in writing by an authorized representative of AMD.  In the event any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, then such provisions shall be deemed inoperative to the extent that they are invalid, illegal or unenforceable, and the remainder of this Agreement shall continue in full force and effect. Any invalid, illegal or unenforceable provisions shall be reformed and modified so that they express the original intent of the parties hereto as closely as reasonably practicable without being invalid, illegal or unenforceable.

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