Terms and Conditions
Updated: 09/15/2020
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site are 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 site.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Empire Orthopedic Supply
Corp. disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular purpose
and non-infringement. Empire Orthopedic Supply Corp. does not represent or
warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components. Empire
Orthopedic Supply Corp. does not make
any warrantees or representations regarding the use of the materials in this
site 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.
Limitation of Liability
Empire Orthopedic Supply Corp. shall not be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Empire
Orthopedic Supply Corp. has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical Errors
In the event that a Empire Orthopedic Supply Corp. product is mistakenly listed
at an incorrect price, Empire Orthopedic Supply Corp. reserves the right to
refuse or cancel any orders placed for product listed at the incorrect price. Empire
Orthopedic Supply Corp. reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, Empire Orthopedic Supply Corp. shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Empire Orthopedic Supply
Corp. without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Empire Orthopedic Supply Corp. may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to Empire Orthopedic Supply Corp.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of New New York, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Empire Orthopedic Supply Corp.) shall be in the
state or federal courts located in Nassau County, New York. Any cause of action
or claim you may have with respect to the site (including but not limited to
the purchase of Empire Orthopedic Supply Corp. products) must be commenced
within one (1) year after the claim or cause of action arises. Empire
Orthopedic Supply Corp's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and
conditions. Empire Orthopedic Supply Corp. may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Empire Orthopedic Supply Corp. or other licensed employee,
host, or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation Disclaimer
Empire Orthopedic Supply Corp. does not and cannot review all communications
and materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, store.empireorthosupply.com is merely
acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site.
However, Empire Orthopedic Supply Corp. reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to Empire Orthopedic Supply Corp. in its
sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Empire Orthopedic Supply
Corp., its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Empire Orthopedic Supply
Corp. may link to sites operated by third parties. However, even if the third
party is affiliated with Empire Orthopedic Supply Corp., Empire Orthopedic
Supply Corp. has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of Empire Orthopedic Supply
Corp.. These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Empire Orthopedic Supply Corp. seeks
to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
