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MicrotekMed.com

TERMS OF SERVICE AND PURCHASES

Welcome to MicrotekMed.com (the "Web Site"), a web site accessible free of charge to the general public with Internet access.  The Web Site and its contents and related services are owned and administered by Microtek Medical ("Microtek").

By accessing and using the Web Site, or otherwise availing Yourself of the services and information offered through the Web Site (including the purchase of any Microtek products via the Web Site, You - the "User" -  agree to be bound by the Terms of Service And Purchases (hereinafter "Terms Of Service" or "Agreement") in effect at the time of each such access, purchase, or other use.

You also acknowledge that Microtek may, from time to time, in its sole discretion and without notification to You, modify these Terms of Service.  It is Your responsibility to apprise Yourself of any such revision or modifications each time you visit or use the Web Site.  If You do not so agree, You are not authorized to access or use the Web Site in any manner, and You must exit the Web Site immediately.

Table Of Contents/Links

I. OVERVIEW

II. TERMS AND CONDITIONS

  1. User To Provide Internet Access
  2. Web Site Intended For Adults
  3. Accessibility And Availability
  4. Authorized Use
  5. Linking (To & From) The Web Site
  1. Linked-To Sites
  2.  Links To MicrotekMed.com
  1. Privacy Policy
  2. Prohibition Against Harmful Transmissions
  3. Warranties And Limitation Of Liability
  1. Microtek Warranties
  2. Limitation Of Liability
  1. Indemnification
  2. Severability 
  3. Entire Agreement
  4. Choice Of Law
  5. Choice Of Venue/ Personal Jurisdiction

 

 

  1. Headings For Convenience Only
  2. Waiver
  3. Microtek Marks
  4. Copyright Complaints
  5. Contact
  6. Local Laws
  7. Securities
  8. Prohibited Conduct
  9. Additional Terms (Purchases)
  1. Membership Information
  2. Errors Regarding Pricing And Product
  3. Product Shipment And Delivery
  4. Orders
  5. Returned Goods Policy
  1. Generally
  2. Requesting Authorization
  3. Additional Requirements
  1. Product Descriptions

 

I. OVERVIEW

Microtek specializes in the design, manufacture, and marketing of an extensive range of innovative and high-quality infection control and fluid control products.  Microtek has created the Web Site as a means of providing via the Internet access to information about the various products offered by Microtek, as well as the means for authorized users to purchase certain of these products online.  The features and information that a User may avail himself of via the Web Site are collectively referred to herein as the "Services."  The various Microtek products that, at any given time, may be purchased via the Web Site are collectively referred to herein as the "Products."

II. TERMS AND CONDITIONS

A. User To Provide Internet Access

In order to access the Web Site and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.  In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. 

B. Web Site Intended For Adults

You must be eighteen years old or older to purchase any Product via the Web Site. 

C. Accessibility And Availability

Microtek makes no guarantees regarding the availability of the Web Site or the Services (including the availability of any given Products).  Furthermore, Microtek reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality.  You agree that Microtek will not be liable to You for any such discontinuance or modification of the Web Site or the Services.

D. Authorized Use

Microtek grants You a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by these Terms Of Service.  Other than page caching, You are not authorized to download or modify the Web Site or any portion of it, except with express written consent of Microtek.  This license does not include any resale or commercial use of this 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.  Furthermore, You may not post or transmit through the Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with the letter and intent of these Terms of Service.

Any unauthorized use terminates the permission or license granted by Microtek in relation to the Web Site.

E. Linking (To & From) The Web Site; Advertisers

1. Linked-To Sites

Microtek may provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties who have paid for such advertising/promotional placement on the Web Site.  Because Microtek has no control over the content of linked-to sites or the quality of the goods or services offered by Web Site advertisers, User acknowledges and agrees that Microtek is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered by Web Site advertisers.  Accordingly, User acknowledges and agrees that Microtek shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites and/or the quality of any goods or services offered by any Web Site advertisers. 

2. Links To MicrotekMed.com From Other Sites

Unless otherwise authorized in writing by Microtek, no User or other third-party is authorized to "deep link" to any web page contained in the Web Site (i.e., no links are permitted under any circumstances from third-party web sites to MicrotekMed.com web pages other than the MicrotekMed.com home page).  Such links are expressly prohibited.  Furthermore, without written permission from Microtek, no User or third-party may link to the MicrotekMed.com home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of MicrotekMed.com and/or as to the existence or lack thereof of some affiliation or other relationship between MicrotekMed.com and the third-party and/or its web site.

F. Privacy Policy

The Web Site Privacy Policy shall govern the maintenance and use by Microtek of all User-provided information and is hereby incorporated by reference as a part of these Terms Of Service as if set forth herein in full.

G. Prohibition Against Harmful Transmissions

You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.

H. Warranties And Limitation Of Liability

1. Microtek Warranties

NEITHER MICROTEK NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE.  EXCEPT AS IS EXPRESSLY SET FORTH IN THE FOLLOWING PARAGRAPH, THE SERVICES AND ANY MICROTEK PRODUCTS PURCHASED VIA THE WEB SITE ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER MICROTEK NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF MICROTEK PRODUCTS VIA THE WEB SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AS THE SOLE AND LIMITED WARRANTY FOR AND IN RELATION TO PRODUCTS PURCHASED VIA THE WEB SITE, MICROTEK WARRANTS TO THE ORIGINAL PURCHASER ONLY THAT ALL PRODUCTS SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY.  MICROTEK’S OBLIGATIONS ARISING FROM THE MANUFACTURE AND SALE OF PRODUCTS ARE STRICTLY LIMITED TO THE REPAIR OR REPLACEMENT ON AN EXCHANGE BASIS AT THE ELECTION OF MICROTEK OF ANY DEFECTIVE PRODUCT OR COMPONENT PART THEREOF, WHICH WITHIN ONE (1) YEAR AFTER THE PRODUCT’S PURCHASE BY THE ORIGINAL PURCHASER SHALL AND MUST BE RETURNED TO THE APPROPRIATE FACTORY OF MICROTEK WITH TRANSPORTATION CHARGES PREPAID.

2. Limitation Of Liability

MICROTEK SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. MICROTEK SHALL HAVE NO LIABILITY WITH RESPECT TO MICROTEK’S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE OR ANY WEB SITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MICROTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY EVENT, THE LIABILITY OF MICROTEK TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (i.e., THE AMOUNT YOU PAID TO MICROTEK FOR SUCH PRODUCTS).  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS.  ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

I. Indemnification

You agree to indemnify, defend, and hold harmless Microtek, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.

J. Severability

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted.  In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

K. Entire Agreement

This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and Microtek.  There are no promises, terms, conditions, or obligations other than those contained herein.  This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.

L. Choice Of Law

This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Mississippi.

M. Choice Of Venue And Acknowledgment Of Personal Jurisdiction

Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the Circuit Court of Lowndes County, State of Mississippi, or, if and only if that Court lacks subject matter jurisdiction to hear your claim, the United States District Court for that jurisdiction.  You submit to personal jurisdiction in Mississippi in any action by Microtek against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.  

N. Headings For Convenience Only

The headings used herein are for convenience only.  The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

O.  Waiver

The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party.  The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

P. Microtek Marks

The Microtek Web Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound.  The entire contents of the Microtek Web Site are copyrighted as a collective work under the United States copyright laws.  Microtek owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.  Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Microtek and the copyright owner, if other than Microtek.  In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.  You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Web Site.

The following trademarks and service marks, along with other Microtek logos and product and service names are trademarks of Microtek Corporation or its parent corporation Isolyser Company, Inc. (collectively the "Microtek Marks").  Without the owner’s prior written permission, you agree not to display or use in any manner, the Microtek Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by these Terms of Service.

MARK OR NAME

OWNER

ISODrape

Microtek Medical

Wound-Evac

Microtek Medical

Ocu-Lok

Microtek Medical

Ezsert

Isolyser Company, Inc.

Isolyser LTS

Isolyser Company, Inc.

ClearLens

Isolyser Company, Inc.

Kraton

Shell Chemical Co.

Elastoflex

Clopay Corporation

Microban

Microban Products Co.

Velcro

Velcro USA

Sontara

DuPont

Microtek Medical and Web Site Design

Microtek Medical

Innovation by Design

Microtek Medical

Venodyne

Microtek Medical

Isolyser

Isolyser Company, Inc.

LTS

Isolyser Company, Inc.

SMS

Isolyser Company, Inc.

Other marks appearing on the Web Site are owned by third-parties. Without the third-party owner’s prior written permission, you agree not to display or use in any manner, the Microtek Marks in any manner not permitted by the applicable state and U.S. laws.

MARK OR NAME

OWNER

Kraton

Shell Chemical Co.

Elastoflex

Clopay Corporation

Microban

Microban Products Co.

Velcro

Velcro USA

Sontura

DuPont

Q. Copyright Complaints

Microtek and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact info@microtekmed.com.

R. Contact

Please direct all inquiries and other communications relating to the Web Site and/or the Services to:

Microtek Medical Web Site Information

512 Lehmberg Road
Columbus, MS 39702
Toll Free: (800) 844-0988
Phone: (662) 327-1863
Fax: (800) 642-0255
Customer Service: (800) 824-3027

or by email to: info@microtekmed.com.

S. Local Laws

You warrant and agree that Your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in Your geographic region. 

T. Securities

Microtek may make changes to the information in this web site, or to the services described herein, at any time without notice.  Microtek makes no commitment to update this information.  It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.  Microtek is not a publicly-traded company.

U. Prohibited Conduct

Use of this Web Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited.  Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.  Furthermore, without limiting other remedies, Microtek may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Web Site if You: (1) breach this Agreement; and/or (2) take actions that Microtek believes may result in legal liability for You, for Microtek, or for other Web Site users.

V. Additional Terms Applicable To Web Site Purchases

1. Membership Information

You may become a "Member" as is explained in the online purchase portion of the Web Site.  This option is provided to repeat customers of the Web Site who wish, via a password selection process, to save their customer data and thereby avoid having to repeat the customer data input process each time a new purchase is made.  You are not, however, authorized to register any person other than Yourself as a Member or otherwise enter membership information regarding any person other than Yourself.  Furthermore, You also warrant and represent that all Membership information You provide is true, complete, and accurate at the time You provide such information, and that You will update the information from time to time as it may change.  Also, You are responsible for all uses of your Membership and/or your Internet screen-name or password.  Finally, You are also responsible for protecting the confidentiality of Your password.

2. Errors Regarding Pricing And Product

If Microtek makes an error in the price of a good or service listed on the web site, Microtek shall have 48 hours in which to cancel any sales made electronically at the erroneous price. Purchasers in error shall be notified within 48 hours of their attempt to purchase.  At its sole discretion, Microtek may elect to honor such errors in price.

3. Product Shipment And Delivery

Microtek Medical shall not be liable for any delay or failure to deliver product or otherwise perform (other than a refund of monies paid in the instance of a complete failure to ship), including but not limited to any instances where such failure or delay has been occasioned by matters such as fire, flood, embargo, strike, lockout, act of God, shortage of raw material or power, Governmental action or compliance with governmental requirements, whether voluntary or pursuant to order, or any other circumstance beyond Microtek’s control.  Furthermore, delivery dates are based on production estimates and on Microtek’s best efforts to ship on schedule.  Microtek reserves the right to fill orders by complete or partial shipments.  Finally, all items purchased from Microtek are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  Products may be shipped to the Your address or to another address specified by You.

4. Orders

Microtek Medical accepts orders via MasterCard or Visa. You will be directed to a secure site to enter your credit card details.  Pursuant to our Privacy Policy, Microtek does not solicit existing customers without their permission or sell customer information to third-parties.

5. Returned Goods Policy

a. Generally

Non-defective or non-conforming Products that You purchase may be returned to Microtek within thirty (30) days of purchase for credit under the terms and conditions of Microtek’s Return Merchandise Policy as established from time to time, and only after receiving prior written authorization for such return from Microtek.  Authorization will not be granted unless products:

  • Are in unopened, original packaging and not defaced or modified in any manner; 

  • In saleable condition; 

  • Not expired or within three (3) months of any applicable expiration date or period.

Obsolete products, discontinued products, custom products, opened cases of sterile products, and partial cases are not returnable of refundable under any circumstances (than defect or non-conformity with any applicable warranties or representations).

b. Requesting Authorization For A Return

To request a return authorization for a return of and refund for previously-purchased Products, You must contact customer service and provide the following information:

  • Product Number;

  • Lot Number;

  • Date of Purchase; and

  • Reason for Return.

c. Additional Requirements For Authorized Returns

In addition to the requirements set forth at subparagraph (a) above, a Return Merchandise Authorization (RMA) will only be issued for current products under the following conditions:

  • All returns must be accompanied by a Return Merchandise Authorization Form (RMA),
    please fill out our RMA Request Form.

  • All returns are subject to final inspection and Microtek approval.

  • Full refunds shall be given by Microtek for products returned within thirty (30) days of shipment.  No returns will be accepted more than thirty (30) days after a purchase (unless returned for defect or non-conformity with any applicable warranties or representations). The date of return shipment to Microtek shall be deemed the date of return for purposes of calculating the number of days goods are held in this returned merchandise policy.

You are responsible for all freight charges on Products You return to Microtek, regardless of the reason for the return.  Product returned without an RMA may be refused by Microtek. Only those Products listed on the RMA are authorized for return. Microtek may return unauthorized shipments to You freight collect. Microtek is not be liable for unauthorized returns, and You waive all claims to goods returned without authorization.

6. Product Descriptions

Microtek attempts to be as accurate as possible in relation to Product descriptions and other information provided on the Web Site.  However, Microtek does not warrant that Product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a Product offered or sold by Microtek itself is not as described, Your sole remedy is to return it in unused condition pursuant to any applicable return rights set forth herein.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE IN ANY WAY.  YOU MUST EXIT THE WEB SITE IMMEDIATELY.

Otherwise, enjoy MicrotekMed.com.

 
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