General
Do not access, browse, or otherwise use our site, unless you agree to our Terms of Use without limitation or qualification. Also, additional terms and conditions may apply to specific content, materials or information on or available through our site or to transactions concluded on our site.
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 our Terms of Use each time you visit our site.
In these Terms of Use, the words “you” and “your” refer to the person accessing, browsing or otherwise using our site. The words “we”, “our” and “us” refer to Monaghan Medical Corp.
Products Featured on our Sites
This site, including, without limitation, 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.
The terms and conditions governing the sale of products featured on our sites consist only of those terms and conditions of sale as set out in a formal written agreement between us and the buyer. 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 REGARDS TO ANY OF THE PRODUCTS FOR ANY PURPOSE WHATSOEVER.
No Medical Advice
The content of our site is not intended to be, and should not be interpreted, as medical advice. Content provided through our site is intended solely as a resource and informational tool. The content provided through our site is not intended to replace your consultation with a qualified medical professional. You should always consult a qualified medical professional for diagnosis, treatment, and any questions you may have regarding a medical condition.
Copyright and Trade-Marks
All content of this site, including, without limitation, 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.
Digital Millennium Copyright Act
We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the content on our site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the content;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good faith belief that the use of the content on our site in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact our Copyright Agent at legal@tmlcorp.com.
Confidentiality
Except as expressly otherwise provided for in our Privacy Statement, 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 site Privacy Policy.
Disclaimer and 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 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED AND EXCLUDED, 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 FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR OTHERS 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, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE ABOVE LIMITATION OF DAMAGES PROVISION IS NOT ENFORCEABLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU ARISING FROM YOUR ACCESS, BROWSING OR ANY OTHER USE OF OUR SITE OR UNDER THESE TERMS OF USE EXCEED THE SUM OF FIFTY US DOLLARS ($50.00).
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”.
Site Shut Down or Restriction to Access
We reserve the right, at any time and without notice, to: (a) shut down our site, or any part of our site; or (b) restrict your access, browsing and other use of our site if we believe you are in breach of these Terms of Use or any other applicable terms and conditions.
Compliance with Laws
You will comply with all applicable laws and regulations regarding your access, browsing or any other use of our site.
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 New York domestic law, 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.
Severability
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.
Effective Date: 4-Jan-2022
