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Date: September 3rd, 2022
The use of this website and services on this website provided by
Surgicat.com Corp. (hereinafter referred to as “Company”)
are subject to the following Terms & Conditions (hereinafter the
“Agreement”), all parts and sub-parts of which are
specifically incorporated by reference here. This Agreement shall
govern the use of all pages on this website (hereinafter collectively
referred to as “Website”) and any services provided by or
on this Website (“Services”).
parties referred to in this Agreement shall be defined as follows:
Company, Us, We: The Company, as the creator, operator, and publisher
of the Website, makes the Website, and certain Services on it,
available to users. Surgicat.com Corp., Company, Us, We, Our, Ours
and other first-person pronouns will refer to the Company, as well as
all employees and affiliates of the Company.
the User, the Client: You, as the user of the Website, will be
referred to throughout this Agreement with second-person pronouns
such as You, Your, Yours, or as User or Client.
Parties: Collectively, the parties to this Agreement (the Company and
You) will be referred to as Parties.
ASSENT & ACCEPTANCE
the Website, You warrant that You have read and reviewed this
Agreement and that You agree to be bound by it. If You do not agree
to be bound by this Agreement, please leave the Website immediately.
The Company only agrees to provide use of this Website and Services
to You if You assent to this Agreement.
be at least 18 (eighteen) years of age to use this Website or any
Services contained herein. By using this Website, You represent and
warrant that You are at least 18 years of age and may legally agree
to this Agreement. The Company assumes no responsibility or liability
for any misrepresentation of Your age.
LICENSE TO USE WEBSITE
Company may provide You with certain information as a result of Your
use of the Website or Services. Such information may include, but is
not limited to, documentation, data, or information developed by the
Company, and other materials which may assist in Your use of the
Website or Services (“Company Materials”). Subject to this
Agreement, the Company grants You a non-exclusive, limited,
non-transferable and revocable license to use the Company Materials
solely in connection with Your use of the Website and Services. The
Company Materials may not be used for any other purpose, and this
license terminates upon Your cessation of use of the Website or
Services or at the termination of this Agreement.
agree that the Website and all Services provided by the Company are
the property of the Company, including all copyrights, trademarks,
trade secrets, patents, and other intellectual property (“Company
IP”). You agree that the Company owns all right, title and
interest in and to the Company IP and that You will not use the
Company IP for any unlawful or infringing purpose. You agree not to
reproduce or distribute the Company IP in any way, including
electronically or via registration of any new trademarks, trade
names, service marks or Uniform Resource Locators (URLs), without
express written permission from the Company.
order to make the Website and Services available to You, You hereby
grant the Company a royalty-free, non-exclusive, worldwide license to
copy, display, use, broadcast, transmit and make derivative works of
any content You publish, upload, or otherwise make available to the
Website (“Your Content”). The Company claims no further
proprietary rights in Your Content.
You feel that any of Your intellectual property rights have been
infringed or otherwise violated by the posting of information or
media by another of Our users, please contact Us and let Us know.
user of the Website or Services, You may be asked to register with
Us. When You do so, You will choose a user identifier, which may be
Your email address or another term, as well as a password. You may
also provide personal information, including, but not limited to,
Your name. You are responsible for ensuring the accuracy of this
information. This identifying information will enable You to use the
Website and Services. You must not share such identifying information
with any third party, and if You discover that Your identifying
information has been compromised, You agree to notify Us immediately
in writing. Email notification will suffice. You are responsible for
maintaining the safety and security of Your identifying information
as well as keeping Us apprised of any changes to Your identifying
information. Providing false or inaccurate information, or using the
Website or Services to further fraud or unlawful activity is grounds
for immediate termination of this Agreement.
agree not to use the Website or Services for any unlawful purpose or
any purpose prohibited under this clause. You agree not to use the
Website or Services in any way that could damage the Website,
Services, or general business of the Company.
further agree not to use the Website or Services:
harass, abuse, or threaten others or otherwise violate any person’s
violate any intellectual property rights of the Company or any third
upload or otherwise disseminate any computer viruses or other
software that may damage the property of another;
perpetrate any fraud;
engage in or create any unlawful gambling, sweepstakes, or pyramid
publish or distribute any obscene or defamatory material;
publish or distribute any material that incites violence, hate, or
discrimination towards any group;
unlawfully gather information about others.
AFFILIATE MARKETING & ADVERTISING
Company, through the Website and Services, may engage in affiliate
marketing whereby the Company receives a commission on or percentage
of the sale of goods or services on or through the Website. The
Company may also accept advertising and sponsorships from commercial
businesses or receive other forms of advertising compensation. This
disclosure is intended to comply with the US Federal Trade Commission
Rules on marketing and advertising, as well as any other legal
requirements which may apply.
9) PRIVACY INFORMATION
Your Use of the Website and Services, You may provide Us with certain
information. By using the Website or the Services, You authorize the
Company to use Your information in the United States and any other
country where We may operate.
Information We May Collect or Receive: When You register for an
account, You provide Us with a valid email address and may provide Us
with additional information, such as Your name or billing
information. Depending on how You use Our Website or Services, We may
also receive information from external applications that You use to
access Our Website, or We may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or
We Use Information: We use the information gathered from You to
ensure Your continued good experience on Our website, including
through email communication. We may also track certain aspects of the
passive information received to improve Our marketing and analytics,
and for this, We may work with third-party providers.
You Can Protect Your Information: If You would like to disable Our
access to any passive information We receive from the use of various
technologies, You may choose to disable cookies in Your web browser.
Please be aware that the Company will still receive information about
You that You have provided, such as Your email address. If You choose
to terminate Your account, the Company will store information about
You for the following number of days: 180. After that time, it will
ASSUMPTION OF RISK
Website and Services are provided for communication purposes only.
You acknowledge and agree that any information posted on Our Website
is not intended to be legal advice, medical advice, or financial
advice, and no fiduciary relationship has been created between You
and the Company. You further agree that Your purchase of any of the
products on the Website is at Your own risk. The Company does not
assume responsibility or liability for any advice or other
information given on the Website.
SALE OF GOODS/SERVICES
Company may sell goods or services or allow third parties to sell
goods or services on the Website. The Company undertakes to be as
accurate as possible with all information regarding the goods and
services, including product descriptions and images. However, the
Company does not guarantee the accuracy or reliability of any product
information, and You acknowledge and agree that You purchase such
products at Your own risk. For goods or services sold by others, the
Company assumes no liability for any product and cannot make any
warranties about the merchantability, fitness, quality, safety or
legality of these products. For any claim You may have against the
manufacturer or seller of the product, You agree to pursue that claim
directly with the manufacturer or seller and not with the Company.
You hereby release the Company from any claims related to goods or
services manufactured or sold by third parties, including any and all
warranty or product liability claims.
agree to ensure payment for any items You may purchase from Us, and
You acknowledge and affirm that prices are subject to change. When
purchasing a physical good, You agree to provide Us with a valid
email and shipping address, as well as valid billing information. We
reserve the right to reject or cancel an order for any reason,
including errors or omissions in the information that You provide to
us. If We do so after payment has been processed, We will issue a
refund to You in the amount of the purchase price. We also may
request additional information from You prior to confirming a sale,
and We reserve the right to place any additional restrictions on the
sale of any of Our products. You agree to ensure payment for any
items You may purchase from Us, and You acknowledge and affirm that
prices are subject to change. For the sale of physical products, We
may preauthorize Your credit or debit card at the time You place the
order, or We may simply charge Your card upon shipment. You agree to
monitor Your method of payment. Shipment costs and dates are subject
to change from the costs and dates that You are quoted due to
unforeseen circumstances. For any questions, concerns, or disputes,
You agree to contact Us in a timely manner at the following:
You are unhappy with anything You have purchased on Our Website, You
may do the following:
see our Return and refund policy.
REVERSE ENGINEERING & SECURITY
agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any
code or software from or on the Website or Services;
Violate the security of the Website or Services through any
unauthorized access, circumvention of encryption or other security
tools, data mining or interference to any host, user or network.
Company does not accept responsibility for the security of Your
account or content. You agree that Your use of the Website or
Services is at Your own risk.
agree to defend and indemnify the Company and any of its affiliates
(if applicable) and hold Us harmless against any and all legal claims
and demands, including reasonable attorney’s fees, which may arise
from or relate to Your use or misuse of the Website or Services, Your
breach of this Agreement, or Your conduct or actions. You agree that
the Company shall be able to select its own legal counsel and may
participate in its own defense, if the Company wishes.
strictly prohibited from using the Website or any of the Company’s
Services for illegal spam activities, including gathering email
addresses and personal information from others or sending any mass
THIRD-PARTY LINKS & CONTENT
Company may occasionally post links to third party websites or other
services. You agree that the Company is not responsible or liable for
any loss or damage caused as a result of Your use of any third party
services linked to from Our Website.
MODIFICATION & VARIATION
Company may, from time to time and at any time without notice to You,
modify this Agreement. You agree that the Company has the right to
modify this Agreement or revise anything contained herein. You
further agree that all modifications to this Agreement are in full
force and effect immediately upon posting on the Website and that
modifications or variations will replace any prior version of this
Agreement, unless prior versions are specifically referred to or
incorporated into the latest modification or variation of this
the extent any part or sub-part of this Agreement is held ineffective
or invalid by any court of law, You agree that the prior, effective
version of this Agreement shall be considered enforceable and valid
to the fullest extent.
agree to routinely monitor this Agreement and refer to the Effective
Date posted at the top of this Agreement to note modifications or
variations. You further agree to clear Your cache when doing so to
avoid accessing a prior version of this Agreement. You agree that
Your continued use of the Website after any modifications to this
Agreement is a manifestation of Your continued assent to this
the event that You fail to monitor any modifications to or variations
of this Agreement, You agree that such failure shall be considered an
affirmative waiver of Your right to review the modified Agreement.
Agreement constitutes the entire understanding between the Parties
with respect to any and all use of this Website. This Agreement
supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.
Company may need to interrupt Your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled
basis. You agree that Your access to the Website may be affected by
unanticipated or unscheduled downtime, for any reason, but that the
Company shall have no liability for any damage or loss caused as a
result of such downtime.
TERM, TERMINATION & SUSPENSION
Company may terminate this Agreement with You at any time for any
reason, with or without cause. The Company specifically reserves the
right to terminate this Agreement if You violate any of the terms
outlined herein, including, but not limited to, violating the
intellectual property rights of the Company or a third party, failing
to comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material. If You have registered
for an account with Us, You may also terminate this Agreement at any
time by contacting Us and requesting termination. At the termination
of this Agreement, any provisions that would be expected to survive
termination by their nature shall remain in full force and effect.
agree that Your use of the Website and Services is at Your sole and
exclusive risk and that any Services provided by Us are on an “As
Is” basis. The Company hereby expressly disclaims any and all
express or implied warranties of any kind, including, but not limited
to the implied warranty of fitness for a particular purpose and the
implied warranty of merchantability. The Company makes no warranties
that the Website or Services will meet Your needs or that the Website
or Services will be uninterrupted, error-free, or secure. The Company
also makes no warranties as to the reliability or accuracy of any
information on the Website or obtained through the Services. You
agree that any damage that may occur to You, through Your computer
system, or as a result of loss of Your data from Your use of the
Website or Services is Your sole responsibility and that the Company
is not liable for any such damage or loss.
LIMITATION ON LIABILITY
Company is not liable for any damages that may occur to You as a
result of Your use of the Website or Services, to the fullest extent
permitted by law. The maximum liability of the Company arising from
or relating to this Agreement is limited to the greater of one
hundred ($100) US Dollars or the amount You paid to the Company in
the last six (6) months. This section applies to any and all claims
by You, including, but not limited to, lost profits or revenues,
consequential or punitive damages, negligence, strict liability,
fraud, or torts of any kind.
All communications made or notices given pursuant to this Agreement
shall be in the English language.
JURISDICTION, VENUE & CHOICE OF LAW:
Through Your use of the Website or Services, You agree that the laws
of the State of Florida shall govern any matter or dispute relating
to or arising out of this Agreement, as well as any dispute of any
kind that may arise between You and the Company, with the exception
of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties
agree to submit to the personal jurisdiction of the state and federal
courts of the following county: United States of America, Florida.
The Parties agree that this choice of law, venue, and jurisdiction
provision is not permissive, but rather mandatory in nature. You
hereby waive the right to any objection of venue, including assertion
of the doctrine of forum non conveniens or similar doctrine.
In case of a dispute between the Parties relating to or arising out
of this Agreement, the Parties shall first attempt to resolve the
dispute personally and in good faith. If these personal resolution
attempts fail, the Parties shall then submit the dispute to binding
arbitration. The arbitration shall be conducted in Miami-Dade county.
The arbitration shall be conducted by a single arbitrator, and such
arbitrator shall have no authority to add Parties, vary the
provisions of this Agreement, award punitive damages, or certify a
class. The arbitrator shall be bound by applicable and governing
Federal law as well as the law of Florida state. Each Party shall pay
their own costs and fees. Claims necessitating arbitration under this
section include, but are not limited to: contract claims, tort
claims, claims based on Federal and state law, and claims based on
local laws, ordinances, statutes or regulations. Intellectual
property claims by the Company will not be subject to arbitration and
may, as an exception to this sub-part, be litigated. The
Parties, in agreement with this sub-part of this Agreement, waive any
rights they may have to a jury trial in regard to arbitral claims.
This Agreement, or the rights granted hereunder, may not be assigned,
sold, leased or otherwise transferred in whole or part by You. Should
this Agreement, or the rights granted hereunder, by assigned, sold,
leased or otherwise transferred by the Company, the rights and
liabilities of the Company will bind and inure to any assignees,
administrators, successors, and executors.
If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the
remaining parts and sub-parts will be enforced to the maximum extent
possible. In such condition, the remainder of this Agreement shall
continue in full force.
In the event that We fail to enforce any provision of this Agreement,
this shall not constitute a waiver of any future enforcement of that
provision or of any other provision. Waiver of any part or sub-part
of this Agreement will not constitute a waiver of any other part or
HEADINGS FOR CONVENIENCE ONLY:
Headings of parts and sub-parts under this Agreement are for
convenience and organization, only. Headings shall not affect the
meaning of any provisions of this Agreement.
AGENCY, PARTNERSHIP OR JOINT VENTURE:
No agency, partnership, or joint venture has been created between the
Parties as a result of this Agreement. No Party has any authority to
bind the other to third parties.
The Company is not liable for any failure to perform due to causes
beyond its reasonable control including, but not limited to, acts of
God, acts of civil authorities, acts of military authorities, riots,
embargoes, acts of nature and natural disasters, and other acts which
may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this
Agreement, including e-mail or fax. For any questions or concerns,
please email Us at the following address: [email protected].