Terms of use

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.

Copyright

The entire content in this website, including but not limited to the text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SEDATION SYSTEMS LLC (hereinafter "Company"). The collective work includes works that are licensed to Company. Copyright 2010 SEDATION SYSTEMS LLC. All rights reserved. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Company or to purchase any products of Company. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Company in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.

Trademarks and Intellectual Property

All trademarks, service marks and trade names of Company used in the website (including but not limited to the SEDATION SYSTEMS name, the mark SEDATION as applied to anesthesia face masks and breathing circuits or good related thereto, are trademarks of Company. they may not be used without prior written permission from Company. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of Company and/or its licensors, if any.

Product Orders

All orders placed through the website or otherwise are subject to acceptance by Company following receipt by Company of Purchaser’s written Purchase Order(PO), which acceptance is in sole discretion of Company. Without limitation, this means that Company may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Goods subject to any Purchase Order will be shipped via UPS Standard Ground or its equivalent unless specified differently by Purchaser. Company reserves the right within its sole discretion to change prices and availability of any of its products at any time without prior notice. The price of any product charged by Company is exclusive of shipping cost and handling charges. Title to goods remains with Company until the Invoice for the corresponding delivered goods is paid. Company’s sole liability for defective products is limited to replacement value provided any such alleged defective goods are returned to Company.

Use of Information Submitted

You agree that Company is free to use any comments, information, designs, ideas, or other content contained in any content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you), or contained in any communication you may send to Company or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.

Third-Party Links

In an attempt to provide increased value to our visitors, Company may link to websites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Company. These linked websites are only for your convenience and therefore you access them at your own risk. Company seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this website.

Privacy

Company is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy

Warranty Disclaimer

THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Company DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Company DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Company FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

Company SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, Company IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT Company’s LIABILITY SHALL IN NO EVENT EXCEED US$100.00

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

Much of the information on this web site relates to products offered by Company. The materials on this web site are for your general educational information only. Information you read on this web site cannot replace the relationship that you have with your health care professional. Company does not practice medicine or provide medical services or advice and the information on this web site should not be considered medical advice. You should always talk to your health care professional for diagnosis and treatment.

Termination

These terms and conditions are applicable to you upon your accessing the website. Company reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be changed or terminated by Company without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Governing Law

These Terms of Use are governed by internal substantive laws of the State of Florida, without respect to its conflict of laws principles, and the federal laws of the United States. Last updated: 25 Jun 2010