Terms of Use
MONAGHAN MEDICAL CORPORATION - TERMS OF USE
Last Revised: April 2022
General
You may not access, browse, or otherwise use our site unless you agree to our Terms of Use without limitation or qualification.
Use of our site is not authorized in any jurisdiction that does not give effect to our Terms of Use.
We reserve the right to make changes from time to time to the content of our sites, including, without limitation, the Terms of Use, without prior notification to anyone. Please ensure that you review these Terms of Use each time you visit our site.
Privacy
Please review our Privacy Policy for information regarding our data collection practices.
Products Featured on our Site
This site including the product information provided on this site, is intended only for residents of the United States.
Some of the products featured on this site may not be available for sale or use in your jurisdiction. The fact that a product is shown on our site does not imply that the product is available for sale or use, or that we intend to make it available for sale or use, in your jurisdiction.
Our site is not intended or to be construed as a solicitation or promotion of any products for sale or use which is not authorized by the laws or regulations of your jurisdiction. Please consult with our Customer Service Department if you have any questions regarding the availability of a product for sale or use in your jurisdiction.
Information on our web site is not intended to and cannot replace the relationship you have with your physician or other health care professional. You should always talk to your healthcare professional for diagnosis and treatment.
The terms and conditions governing the sale of products featured on our site consist only of those terms and conditions of sale as set out in a written agreement between us and the buyer or, if products are purchased online, as set out in the electronic agreement entered into between us and the buyer via our or our provider’s eCommerce platform. NOTHING IN OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE, IS TO BE CONSTRUED AS A REPRESENTATION, WARRANTY, OR CONDITION BY US WITH REGARD TO ANY OF THE PRODUCTS FOR ANY PURPOSE WHATSOEVER.
Your Conduct
Your use of our site must be for lawful purposes only and must comply with these Terms of Use. You will not take any action that might compromise the security of our site, render our site inaccessible to others or otherwise cause damage to our site or that might interfere with our rights or those of third parties.
Copyright and Trademarks
All content of this site, including its design, text, graphics, the selection and arrangement thereof, is owned or controlled by us and is protected by international copyright laws. You may download and make one hard copy of the content of this site for personal, non-commercial use only, provided you attach the Terms of Use to your copy and keep intact all copyright and other proprietary notices. The content of this site may otherwise not be downloaded, copied, stored in machine readable form, reproduced, disseminated, adapted, modified or otherwise used, without first obtaining our written permission.
Except for the trademarks that are indicated on our site as owned by others, all trademarks, trade names and trade dress shown on our site are owned by us or licensed to us and are protected in the United States and internationally. You may not use any of the trademarks, trade names, or trade dress shown on this site for any purpose, except as authorized in writing by the owner or by us where we are the owner or authorized licensee.
Except for the limited permission provided for in the first paragraph of this section regarding copyright, nothing in any of our sites is to be construed as granting any license or right to anyone under any of our or our licensors’ intellectual property rights, including, without limitation, copyright, patents, and trade-marks.
Confidentiality
Except as expressly otherwise provided for in our Privacy Policy, or in a written agreement signed by you and us, any electronic communication, or other communication, transmitted by you to us either through any of our sites or otherwise will be received by us on a NON-CONFIDENTIAL BASIS. We will be entitled to the free and unrestricted use of the content of your communication for any purpose, commercial or otherwise.
WE MAKE NO REPRESENTATION, WARRANTY, OR CONDITION WHATSOEVER WITH RESPECT TO THE PRIVACY OF THE CONTENT OF ANY COMMUNICATION TRANSMITTED BY YOU TO US ON-LINE.
Personally Identifiable Information
The collection of personally identifiable information on our site and the use and disclosure of the information is governed by the terms of our Privacy Policy. Disclaimer / Limitation of Damages We make no representations or warranties with respect to the currency, completeness, or suitability for any purpose of the content of any of our sites. The content from or through this site is provided “AS IS”, as available, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We assume no liability for any damages or injuries resulting from your access to, browsing, or other use of our site, including, without limitation, any liability for any damages caused by viruses contained within the electronic files at our site, including, without limitation, any hyperlinked sites.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR OTHERS UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS PROFITS, BUSINESS INTERRUPTION, AND LOSS OF DATA, RESULTING FROM YOUR ACCESS TO, BROWSING, OR OTHER USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY HYPERLINKED SITES. IF ANY DISCLAIMER, LIMITATION AND EXCLUSION OF LIABILITY IS FOUND TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE TOTAL CUMULATIVE LIABILITY, IF ANY, WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED $100 USD.
Links to other Sites
Our site may contain links or pointers to other Internet sites. The links and pointers do not constitute endorsements of any products or services in any of those Internet sites, and no content of any of these sites is endorsed or approved by us. Your use of third-party links provided for under our site is “AT YOUR SOLE RISK”.
Links to Our Site
You shall not link to our site, unless we expressly authorize you to do so by way of a separate signed agreement. We may revoke any such authorization at any time.
Law Applicable to Disputes
You confirm that your agreement to the Terms of Use was made in the state of New York, and therefore, the validity, interpretation, and enforcement of these Terms of Use, and your and our rights and liabilities, will be governed by the internal laws of the state of New York, without any regard to conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of the state of New York with regard to all disputes of any nature whatsoever arising out of, relating to or in any way connected with your access to, browsing of, or other use of our site, including, without limitation, any hyperlinked sites.
Any portion of these Terms of Use that are invalid or unenforceable under applicable law will be deemed severed and the remaining Terms of Use will continue in force and all rights and remedies accrued under the valid and enforceable Terms of Use will survive the declaration. Any invalid or unenforceable Terms of Use will be replaced by a provision which, being valid and enforceable comes closest to the intention underlying the invalid or unenforceable provision.