The words “you” or “your” in this Agreement means any person or entity utilizing the Services (“Services Users”). Unless otherwise stated, “PRIMED” will refer collectively to PRIMED Medical Products, Inc. and its subsidiary companies, affiliates, officers, employees and agents.
By using the Services you represent that you understand and accept the terms and conditions set forth in this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and any amendment shall be effective and binding upon you 10 days after it is published. If there is any conflict between the terms of this Agreement and any PRIMED Services or Supply Agreement(s) (“PRIMED Agreement(s)”), the terms of the PRIMED Agreements shall govern.
1. Eligibility. You agree that you will use the Services only for lawful personal, business or governmental purposes. In order to use certain aspects of the Services, you must enroll on the PRIMED website as a registered user. You will receive a Services User ID and be required to establish a password upon enrolling in the Services. You are responsible for maintaining the confidentiality of your Services User ID and password and are fully responsible for all actions that are taken under your Services User ID. You may not divulge your Services User ID or password information to anyone else, nor may you use anyone else’s password. PRIMED is not responsible for losses incurred by Services Users as the result of their misuse of User IDs or passwords.
2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, PRIMED has the right to terminate your use of the Services and PRIMED, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize PRIMED and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.
3. Services Use. By using the Services, you attest that you do not provide unlawful or illicit products or services. You will not use the Services, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. If PRIMED has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Services, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with PRIMED to investigate any suspected unlawful, fraudulent or improper activity.
4. Additional Restrictions. PRIMED, at its sole discretion, reserves the right to restrict your use of the Services in the event that PRIMED determines, in its sole discretion, that your use of the Services is inappropriate. Reasons that PRIMED may determine that your use of the Services is inappropriate include, but are not limited to, the following:
- Unconfirmed identity or incorrect registration/enrollment information;
- You have used the Services to commit or to facilitate fraudulent activity;
- You have used the Services to send spam emails;
- You have used the Services;
- You have used the Services in violation of privacy or other laws and regulations;
5. Fees. Services Users are responsible for paying all fees associated with the use of the Services under the PRIMED Agreements on or before the due date for such fees.
6. No Resale of Services. Your right to access and use the Services is personal to you and subject to the usage license as provided under the PRIMED Agreement you have entered into. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services to any third party.
7. Security Issues or Unauthorized Transactions. You should contact us at once if you believe your Services User ID or password has been compromised.
8. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to communicate with other Services Users or with any persons who have not consented to receive such communications from You. We reserve the right to immediately terminate the user account of any Services User who sends unsolicited email to other Services Users based on information available to Users through the Services, if any. In addition, you may be subject to provincial or state and/or federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
9. No Hacking. If you use, or attempt to use the Services for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Services, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
10. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing PRIMED with a correct and operational e-mail address. PRIMED will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify PRIMED of any change in your e-mail or postal mailing address.
11. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the Services (“Communications”), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Services and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. PRIMED reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying PRIMED of your decision to do so, by sending an email message to firstname.lastname@example.org or by telephoning PRIMED Support. If you revoke your consent to receive Communications electronically, PRIMED may terminate your right to use the Services.