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TERMS AND CONDITIONS OF USE OF THE ACMeds WEBSITE
Welcome to the ACMeds website, operated by Mold Elimination Dispensing Systems, LLC (“MEDS”, “we,” or “our”) and located at https://www.acmeds.com/ (the “Site”), including each page accessible through the Site and our mobile and tablet application(s). The Site is provided as a service to our customers. The following terms and conditions (“Terms”) govern your use of this Site and, as applicable, to the purchase and use of our products and services. By accessing, viewing, or using the content, material, products, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them.
If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
NOTICE OF ACCESSIBILITY. If you are having trouble accessing the Site or its mobile application(s) or any portion thereof, please contact our Customer Service Team at email@example.com for assistance.
Informational Purposes Only. The Site Contents (as defined in Section 3 below) are for informational purposes only. The Site is not intended to be a substitute for professional or installation service advice and we do not provide any such advice or assurances, including with respect to the proper application, use, or functionality of products offered on the Site. Purchasing and other decisions remain with you at all times. We are not responsible for any errors or omissions on the Site or in Site Contents.
You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Contents. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to us or our affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Contents, other than the right to use the Site Contents in accordance with these Terms for the purpose of shopping or placing orders with us. Without limiting the generality of the foregoing, “Breaking up the sludge” is a service mark of Mold Elimination Dispensing Systems, LLC.
You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Contents, unless otherwise authorized by these Terms or in a separate written agreement with us; (c) attempting to gain unauthorized access to our computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial use of the Site; (e) any downloading or copying of the Site Contents for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Contents.
You may use the Site and the Site Contents only as consistent with these Terms. Any other use of the Site or Site Contents, including any of the aforementioned unauthorized uses, without our prior written permission is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Contents could irreparably harm us and the Site and that, in the event of such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
We use a third-party payment processor to process payments made through the Site. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason we do not receive payment for a purchase, we may exercise our rights in law and equity, including: (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and (c) seeking legal action against you for the breach of these Terms.
You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on our net income).
Products displayed on this Site are available only while supplies last. Descriptions of, or references to, products or services on this Site do not imply endorsement of that product or service, or constitute a warranty, by us. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us.
We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your account in the amount of the incorrect price, or provide you with a refund at your election.
The risk of loss and title for all products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
By posting Comments, you represent that you have the full legal right to provide those Comments and that use of the Comments by us and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party.
Upon your submission of Comments or other material or information to us, you grant us a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the Comments, all without any compensation to you whatsoever.
For the avoidance of doubt, we shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay any compensation for any Comments; or (3) respond to any Comments. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedures in Sections 3 and 9 of these Terms. To the extent you provide any ideas, concepts, feedback, opinions, or information (“Feedback”) to us via telephone, mail, email, or any other means of communication, you hereby grant us a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the Comments, all without any compensation to you whatsoever.
You are responsible for reviewing this Site periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by us to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than us shall be valid or enforceable against us unless expressly agreed to in writing signed by a duly authorized officer of our company. We may suspend or terminate your account and your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, for infringement upon our proprietary rights, or for any reason whatsoever or for no reason.
THE SITE, THE SITE CONTENTS, COMMENTS, INFORMATION, AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE ARE MADE AVAILABLE OR PROVIDED “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE COMMENTS, THE SITE CONTENTS, DATA AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR VERBAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL COMMENTS, THE SITE, THE SITE CONTENTS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE OR PROVIDED THROUGH THE SITE, IS WITH YOU.
We (or our licensors) may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel and to participate in the defense of any Claim. If we (or our licensors) do not notify you that we (or they) elect to undertake the defense of a Claim, you shall have the right to defend the Claim with counsel reasonably acceptable to us (or them).
You understand that the technical processing and transmission of materials to, from, or through the Site may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from to, from, or through our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to, from, or through the Site or the Internet, including, for example, personal information such as your name and address.
Notwithstanding the foregoing, these Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service, except as specifically provided herein. To the extent any area within this Site contains SPECIFIC TERMS AND CONDITIONS concerning use of that particular area of the Site (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
The waiver or failure of us to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.
When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”