Terms and Conditions of Use
General: Pelegrina Medical Inc. d/b/a Pmedicalonline.com (“Pmedical”) offers you, the user (“you” or “User”) access to this website located at http://www.Pmedicalonline.com (the “Site”) based strictly on the terms set forth and agreed by you in these Terms and Conditions of Use and in Pmedical´s Privacy Policy (the Terms and Conditions of Use, and the Privacy Policy, collectively referred herein as the “Terms” or the “Agreement”). By visiting, using and registering in the Site, logging in or out of the Site, making any purchases and/or using any social networking capabilities through the Site (individually and collectively, the “Service”) you are accepting and agreeing to be bound by each of the Terms set forth herein. Pmedical may discontinue or modify these Terms at any time and from time to time and without notice as it deems necessary or appropriate. Any amendments to the Terms set forth herein are effective upon being posted on the site. You should, therefore, review these Terms from time to time. Your access and use of the Site and/or the Service after the effective date of any amendment to the Terms means that you have accepted such amendment and constitutes your agreement to be bound by the then current Terms.
You may only use the Service in accordance with these Terms, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
This Site provides an interactive online service operated by Pmedical, which allows Users to purchase recognized medical products and equipment. You are required to create an account in order to make any purchases, view your past purchases, and others. You must provide Pmedical with accurate, complete and updated registration information when creating your account and keep your account information current at all times. For more information about our collection of personal information, please view our Privacy Policy .
The right to use this Site is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User’s password(s), if any. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Pmedical, and Pmedical shall not be responsible for any data lost while transmitting information on the Internet. While Pmedical´s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Pmedical, access to the Site may be interrupted, suspended or terminated from time to time.
Pmedical shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Pmedical may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
External Sites: As a convenience to you, the Site, the Service, electronic communications delivering content and electronic versions of products or services may contain links to External Sites (the “External Sites”) that are owned and/or operated by a third-party. By offering you these External Sites, Pmedical is not endorsing any of them and Pmedical has no responsibility or liability, directly or indirectly, for such External Sites, including without limitation, for their content. You access linked sites at your own risk.
Prohibited Activities: The following activities shall be prohibited when using any of the Services offered in the Site, including but not limited to, the Site’s social networking capabilities such as discussion boards, comments posts and others:
(1) You may not hack the Site or place any content on the Site that, in Pmedical´s sole determination:
a. Is or may be fraudulent, false, misleading or deceptive
b. Is or may be harassing, manipulative, hateful or degrading
c. Is or may be illegal, abusive or threatening
d. Infringes on the copyrights and trademarks of others
e. Is or may be sexually explicit
f. Is or may be vulgar, profane, obscene, or pornographic
g. Is or may be defamatory or libelous
h. Is or may be harmful to minors
i. Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law
j. Is otherwise objectionable
k. Is not permitted by the Site under its normal operation
l. Disables or otherwise blocks partial or full functionality of the Site to others and/or to Pmedical
(2) You may not use the Site or your account within the Site for any commercial or political advertisements, business, solicitations or promotions.
(3) You may not upload any destructive programs, information, file, or software such as viruses, Trojan horses, worms, time bombs, cancelbots and/or self-replicating code, or take any other actions to harm, interrupt, destroy or limit the functionality of the Site, other computer software or hardware, nor any electronic or telecommunications equipment.
(4) You may not send unsolicited e-mail messages, including advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation, to any other User of the Site or the Service.
(5) You may not solicit passwords or other personal information from any other Users of the Site or the Service.
(6) You may not post or transmit any message which discloses private or personal matters concerning any person.
(7) You may not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or Site marks used in an infringing fashion.
(8) You will not allow any other person other than yourself to use the Service through your Service account.
(9) You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the Site and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the Service or the Site in any manner not expressly authorized by Pmedical.
(10) You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Site or the Service, or attempt to do so, or assist or encourage others in doing so.
(11) You may not register for an account on behalf of any group or entity without such group or entity’s written authorization.
(12) You may not submit through the Site or through the Service false, misleading, or incorrect information to Pmedical when creating your account, using the Service, or at any other moment.
Any conduct by a User that in Pmedical´s exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the External Sites is strictly prohibited. User shall not use this Site or any of the External Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Site and/or the External Sites to become Users of other online or offline services directly or indirectly competitive or potentially competitive with Pmedical.
If you breach or infringe, or Pmedical reasonably suspects that you may have breached or infringed any of the Terms of this section, or any other clauses, representations, and covenants of these Terms, Pmedical may, in its sole discretion, immediately suspend, cancel, and/or terminate your account and/or access to the Site and/or the Service or any part thereof with or without previous notice to you. Also, to the extent Pmedical reasonably suspects a User has engaged in fraudulent, abusive, manipulative or illegal activities, such User may be referred to the appropriate law enforcement agencies. Pmedical may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms, your Service account and/or the Service or any part thereof for any or no reason with or without notice to you. This includes, but is not limited to, circumstances in which Pmedical may have reasonable grounds to suspect that the information provided by you in creating your account is untrue, inaccurate, not current, or incomplete.
You understand and agree that any unauthorized use of the Site or the Service will result in irreparable injury to Pmedical, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, Pmedical, its affiliates and/or their business partners, and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that Pmedical, its affiliates and/or their business partners, and/or licensors may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Copyright & Trademarks: The Pmedical name and logo, the Service, as well as all the content included in the Site and the External Sites, including without limitation the text, graphics, logos, icons, screens and configurations, photographs, audio and video clips, music and sound, picture images, website architecture, format, layout and data structures, product names, logos, commercial symbols, trade names and slogans are the EXCLUSIVE property of Pmedical or its licensors (or is a nominative use of trademark) and are protected by United States and international copyright and trademark laws. All software used in the Service and in this Site is the property of Pmedical or its software suppliers and is also protected by United States’ and international copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information or using the Site and/or the Service. Any use of the content or software of the Service or the Site other than for the express Service provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, creating derivative works, COPYING, POSTING, LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE EXTERNAL SITES. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
User shall NOT upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Pmedical does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Pmedical reserves the right to terminate its Agreement with any User who infringes third-party copyrights upon prompt notification to Pmedical by the copyright owner or the copyright owner’s legal agent or otherwise.
License & Rights Granted: Subject to these Terms, Pmedical grants you a limited, non-exclusive, non-transferable, non-assignable and revocable right to a limited use of the Site for the purposes stated in these Terms in order to access and observe through an Internet browser its content, if available and provided by Pmedical, and to use the limited functionalities of the Site such as registration, logging in and out, and purchasing as may be provided, changed and limited by Pmedical from time to time.
You grant Pmedical a transferable, assignable, royalty free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, edit, translate and distribute, in whole or in part, the information, content, communications, comments, messages, information or material you supply to and/or through the Site (the “User Generated Content”) including, but not limited to, the use of the information to provide you products or services and to execute any appropriate charges as further explained in these Terms. Pmedical may assign the Terms and its rights that arise thereunder. You may not assign your rights under these Terms.
By posting User Generated Content on or through this Site or any External Sites, User shall be deemed to have granted to Pmedical a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, and display the User Generated Content alone, or as part of other derivative works, in any form, media, or technology whether now known or hereafter developed without territorial or time limitations.
No Warranty & Release: THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PARTS THEREOF, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES WHATSOEVER AND THE USE OF THE SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, IS ENTIRELY AT YOUR OWN RISK.
PMEDICAL AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE SERVICE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THE SITE AND THE SERVICE, WARRANTIES OF THIRD PARTY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WILL NOT BE LIABLE OR RESPONSIBLE FOR THE CHARACTER, QUALITY PERFORMANCE, QUANTIY, SIZE, COLOR, MERCHANTABILITY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT ACQUIRED BY YOU OR ON YOUR BEHALF FROM PMEDICAL. THE WARRANTY COVERAGE FOR A PRODUCT WILL BE LIMITED TO THE COVERAGE OFFERED BY THE MANUFACTURER OF THE PRODUCT, IF ANY.
THERE IS NO WARRANTY THAT THE SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR VIRUS OR ERROR-FREE. PMEDICAL AND/OR PMEDICAL’S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE SITE WITH RESPECT TO PERFORMANCE, ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, SECURITY CAPABILITY, OPERABILITY, AVAILABILITY OF INFORMATION OR MATERIAL, CURRENTNESS OR OTHERWISE AND ARE NOT RESPONSIBLE FOR UNAVAILABLE NETWORK CONNECTIONS, FAILED OR INCOMPLETE OR DELAYED COMPUTER TRANSMISSIONS, ONLINE FAILURES, HARDWARE OR SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES, OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING THE PMEDICAL SERVICE IN ANY MANNER INCLUDING WITHOUT LIMITATION THE USER’S ABILITY TO RECEIVE NOTIFICATIONS, PURCHASE ITEMS OR ANY OTHER FUNCTION OF THE PMEDICAL SERVICES AND SITE. YOU WILL NOT HOLD PMEDICAL AND/OR PMEDICAL´S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE SITE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF THE DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER INFORMATION OR DATA THAT MAY RESULT FROM THAT USE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PMEDICAL AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES, THIRD PARTY Merchants OR BUSINESS PARTNERS, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. PMEDICAL IS NOT RESPONSIBLE TO YOU FOR ANY CONTENT PROVIDED THROUGH THE SERVICE OR FOR ANY DOWNLOAD OR CONTENT YOU FIND OBJECTIONABLE.
PMEDICAL HAS NO CONTROL OVER THE INTERNET AND CANNOT PREVENT THE INTERCEPTION OF MESSAGES BY UNAUTHORIZED PARTIES OR GUARANTEE THAT SUCH UNAUTHORIZED PARTIES MAY NOT BE ABLE TO DECRYPT ENCRYPTED MESSAGES. ACCORDINGLY, UNDER NO CIRCUMSTANCES WILL PMEDICAL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED BY ANY USER AS THE RESULT OF UNAUTHORIZED INTERCEPTION OR DECRYPTION OF INFORMATION TRANSMITTED TO OR BY PMEDICAL. USERS MUST IMMEDIATELY NOTIFY PMEDICAL OF ANY KNOWN OR SUSPECTED UNAUTHORIZED USE OF A USER’S ACCOUNT OR ANY KNOWN OR SUSPECTED BREACH OF SECURITY, INCLUDING LOSS, THEFT, OR UNAUTHORIZED DISCLOSURE OF A USER’S PASSWORD.
UNDER NO CIRCUMSTANCE SHALL PMEDICAL OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, BUSINESS PARTNERS, EMPLOYEES, AGENTS, AND AFFILIATES, AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SITE, EVEN IF PMEDICAL AND/OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, BUSINESS PARTNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS AND AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASE:
YOU HEREBY RELEASE AND FOREVER DISCHARGE PMEDICAL AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE USE OF THE SITE OR ANY SERVICE BY YOU OR TO THE PURCHASE OF ANY PRODUCT OR SERVICE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF PMEDICAL IN OPERATING THE SITE, THE SERVICE OR OTHERWISE.
Limitation of Liability & Indemnification: NEITHER PMEDICAL NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS SITE OR THE INABILITY TO GAIN ACCESS TO THE SITE. YOU AGREE THAT, IN NO EVENT SHALL PMEDICAL OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR THE USE OF THE SERVICE THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM PMEDICAL. IN ANY EVENT, PMEDICAL´S LIABILITY TO YOU IS LIMITED TO $100.00.
Pmedical may in its sole discretion terminate the Terms or change, modify, discontinue, inactivate, suspend, cancel or terminate your account and/or the Site and/or the Service or any part thereof for any or no reason with or without previous notice to you. Pmedical shall not be liable to you or to any third party for any modification and/or discontinuation of the Site and/or the Service or any part thereof.
You agree to defend, indemnify, and hold Pmedical and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the Indemnitees) harmless for, from and against any loss, claims, actions, demands, causes of action, and other proceedings (collectively the “Claims”) by reason of, in any way relating to, or arising out of: (a) your use of the Site and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Site and/or the Service; (c) any purchase of a product; (d) any User Generated Content including any information You provide to Pmedical as part of the Invite a Friend Program; and (e) any violation of these Terms. You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.
USER IS SOLELY RESPONSIBLE FOR ANY INTERACTIONS WITH THIRD PARTY MERCHANTS AND OTHER USERS OF THE SITE OR EXTERNAL SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, USER HEREBY RELEASES PMEDICAL FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF THIRD PARTY MERCHANTS, ANY ACTION OR IN-ACTION BY THIRD PARTY MERCHANTS, INCLUDING A THIRD PARTY MERCHANTS’ FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF DEALS OR OFFERS, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
Applicable Law and Jurisdiction: These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You agree that the federal and state courts located in the Commonwealth of Puerto Rico shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and you irrevocably submit to the jurisdiction of such courts.
Monitoring & Privacy: As part of the Service, Pmedical may provide the ability to integrate certain social networking internet sites into the Pmedical Site. Pmedical shall have the right, but not the obligation, to monitor the content of the Site and any External Sites at all times, including any chat rooms, discussions, comments posted and forums that may hereinafter be included as part of the Site, to determine compliance with these Terms and any operating rules established by Pmedical, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Pmedical shall have the right, but not the obligation, to remove any material that Pmedical, in its sole discretion, finds to be in violation of the provisions hereof or otherwise undesirable, objectionable, or inappropriate. Pmedical shall not be responsible for any such removal, failure to remove or delay in removing such content.
User acknowledges that all comments, bulletin or message board services, chat rooms and/or other message or communication facilities (collectively “Postings” or “Posting”) are public and not private communications, and that, therefore, others may read User’s communications without User’s knowledge. Pmedical is not responsible for material submitted or posted on the site by other Users, does not control or endorse the content, messages or information found in any Posting, and, therefore, Pmedical specifically disclaims any liability concerning the Postings and any actions resulting from Users’ participation in any Posting, including any objectionable content.
End of Agreement & Third-Party Responsibility: Pmedical may terminate this Agreement at any time. Without limiting the foregoing, Pmedical shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which Pmedical, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Your cancellation of your account is your sole right and remedy with respect to any dispute with Pmedical and you agree that such right is proper and represents the allocation of risk and conforms to the pricing, fees and considerations under these Terms.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, User, or other user not under contract with Pmedical. Pmedical neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Pmedical by anyone other than authorized Pmedical employee spokespersons while acting in official capacities. Under no circumstances will Pmedical be liable for any loss or damage caused by a User’s reliance on information obtained through Pmedical. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Pmedical.
Miscellaneous & Disclosures: This Agreement, including applicable Conditions of Sale (which are incorporated into this Agreement and made part hereof), and any operating rules for Pmedical as may be established by Pmedical from time to time, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
You should note that parental control protections are readily and commercially available that may assist you in limiting access to material that is harmful to minors.
Force Majeure & Export Restrictions: Pmedical will not be liable in any amount for failure to perform under these Terms if such failure is caused by power, Internet or communication outages, fire, flood, earthquakes, tornadoes, hurricanes, wars, acts of God, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of Pmedical. If you fail to receive the Service because of network congestion or unavailability, you may contact Pmedical at the email provided below.
United States export laws and regulations restrict the exportation and/or re-exportation through downloading or otherwise into certain embargoed countries which include, but might not be limited to, Cuba, Iraq, Libya, North Korea, Iran and Syria. By downloading from the Site, you are representing that you are not located in any of the prohibited countries.
Arbitration & Representation: By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against Pmedical arising out of, relating to, or connected in any way with this Agreement, this Site, or any External Sites, or the purchase or sale of any products or services, shall be resolved exclusively by final and binding arbitration and conducted before a single arbitrator pursuant to the applicable Rules and Procedures (“Rules and Procedures”) established by the Commonwealth of Puerto Rico (“arbitration forum”); (2) the arbitration shall be held at the Commonwealth of Puerto Rico or at such other location as may be mutually agreed upon by User and Pmedical; (3) the arbitrator shall apply Puerto Rico law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the arbitration forum, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site.
Contacting Us & Customer Support:
For questions or inquiries you may contact us at sales@Pmedicalonline.com.
Severability of Agreement and other conditions: Except for the Conditions of Sale referenced above, these Terms constitute the entire Agreement between you and Pmedical and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms and Conditions of Use. If any term, provision, covenant or restriction of the Terms and Conditions of Use is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these Terms and Conditions of Use shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. Pmedical’s failure to pursue any available claim or defense pursuant to these Terms will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
