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
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
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.
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.
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.
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.
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
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. MICROTEKS 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 PRODUCTS PURCHASE BY THE ORIGINAL
PURCHASER SHALL AND MUST BE RETURNED TO THE APPROPRIATE
FACTORY OF MICROTEK WITH TRANSPORTATION CHARGES PREPAID.
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 MICROTEKS 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.
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.
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.
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
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.
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 owners 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
Isolyser Company, Inc.
Isolyser Company, Inc.
Isolyser Company, Inc.
Shell Chemical Co.
Microban Products Co.
Microtek Medical and Web Site Design
Innovation by Design
Isolyser Company, Inc.
Isolyser Company, Inc.
Isolyser Company, Inc.
Other marks appearing on the Web Site are owned by
third-parties. Without the third-party owners
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
Shell Chemical Co.
Microban Products Co.
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 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: firstname.lastname@example.org.
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
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.
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.
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 Microteks control. Furthermore,
delivery dates are based on production estimates and
on Microteks 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.
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
5. Returned Goods Policy
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 Microteks 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
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:
Date of Purchase; and
Reason for Return.
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
All returns must be accompanied by a Return Merchandise
Authorization Form (RMA),
please fill out our RMA Request
All returns are subject to final inspection and
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.