Terms of Service
Stay Medical operates this website. Throughout the site, the terms “we”, “us” and “our” hereinafter refer to Stay Medical. Stay Medical offers this website, including all information, tools and services made available on this site to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices contained herein.
By visiting our site and/or purchasing something from us, you are interacting with our “Service” and agree to be bound by the following terms and conditions (hereinafter referred to as “Terms of Service”, “Terms”), including those additional terms and conditions and the policies mentioned here and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of the Minors who depend on you use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, by using the Service, violate the laws of your jurisdiction (including, without limitation, copyright laws).
You will not transmit any computer worms or viruses or any code of a destructive nature.
Failure to comply or violate any of the Terms will result in immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to adapt to and comply with the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without our express written permission.
Headings used in this agreement are included for ease of reading only and will not limit or affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material presented on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more recent sources of information. By relying on any material on this site you do so at your own risk.
This site may contain certain historical information. Historical information is unavoidably not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: MODIFICATIONS TO THE SERVICE
CIO AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5: PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions or product prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where such product or service is prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place in our store. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed with the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you via email or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide complete and accurate purchase and current account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, see our Returns Policy.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, have no control over, or contribute to.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations or conditions of any kind and without endorsement of any kind. We shall have no liability arising out of or in connection with your use of optional third party tools.
Any use you make of optional tools offered through the site is at your own risk and you should ensure that you are familiar with and approve of the terms under which the relevant third party providers provide such tools.
We may also, in the future, offer new services or features through the Website (including the release of new tools and resources). These new features or services will also be subject to these Terms of Service.
SECTION 8: THIRD PARTY LINKS
Some content, products, and services available through our Service may include third-party resources.
Third party links on this site may direct you to third party web pages that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we guarantee or assume any liability or responsibility for any third party resources or web pages, or any other third party materials, products or services.
We are not responsible for any damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third party websites. Carefully review the third party’s policies and practices s, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to them.
SECTION 9: USER COMMENTS, OPINIONS AND OTHER COMMUNICATIONS
If, at our request, you send certain specific communications (for example, contest entries) or, without a request from us, send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail postal, or otherwise (hereinafter collectively referred to as ‘comments’), you agree that we may, at any time, without restriction: edit, copy, publish, distribute, translate and use in any medium any comments you you send us. We are and will be under no obligation (1) to maintain any comments in confidence; (2) pay any compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property of any party or of these Terms of Service.
You agree that your comments will not infringe any third party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain defamatory, illegitimate, abusive or obscene material, nor will they contain any computer viruses or other harmful software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or mislead us or others as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility or liability for comments posted by you or any third party.
SECTION 10: PERSONAL INFORMATION
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that, from time to time, contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order). ).
We undertake no obligation to update, change or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been changed or updated.
SECTION 12: PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any local international, federal, provincial or state regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information;
(g) upload or transmit viruses or any other harmful code that affects or may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collect or track the personal information of others; (i) spam, phishing, pharm, pretext, spider, track or mine; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, or of other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of the service or inability to use the service is at your own risk. The Service and all products and services delivered to you through the Service (except as specified by us) are provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind. , whether expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Stay Medical, our directors, officers, employees, affiliates, agents, contractors, interns, vendors, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential of any kind, including but not limited to; lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the services or any product purchased through the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of its possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Stay Medical and our parent company, subsidiaries, affiliates, associates, officers, directors, agents, contractors, licensors, service providers, subcontractors, vendors, interns and employees, from any claim or demand, including reasonable attorneys’ fees, incurred by any third party due to your breach of these Terms of Service or the documents incorporated by reference or arising out of your breach of these Terms of Service, or your violation of any law or rights of a third party you do.
SECTION 15: SEVERABILITY
In the event that any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will nonetheless be enforceable to the extent permitted by applicable law, and the unenforceable portion will be deemed severed from the these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.
SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If in our judgment you are in breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may still terminate this agreement at any time without notice and you will remain liable for all amounts due, up to the date of termination. termination inclusive; and/or accordingly we may deny you access to our Services (or any part of them).
SECTION 17: ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules that we have published on this site or with respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any previous agreement, communication or proposal. or contemporaneous, whether oral or written, between you and us (including but not limited to non-limiting, prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18: APPLICABLE LAW
These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the laws of 33 SW 2nd Ave Suite 502, Miami, Florida 33130, Miami, FL, 33130, United States.
SECTION 19: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to email@example.com.