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Terms and Conditions


Welcome to the MercedesMedical.com

MercedesMedical.com is operated by Mercedes Medical, LLC ("Mercedes"). These Terms and Conditions (this "Agreement" or "Terms") state the terms and conditions under which you may access or browse the Mercedes Website (the "Website") and govern your use of the Website. By using the Website, you ("User" or "you"or "your") agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or you are purchasing products offered for sale on the Website ("Products") as a registered customer. If you wish to access or browse this site, shop for or purchase Products, please read this Agreement carefully. you object to anything in this Agreement, the Mercedes Privacy Policy or any other Policy referred to in this Agreement, you should leave and discontinue use of the Mercedes Website.

ACCEPTANCE OF TERMS OF USE AGREEMENT

• Electronic Agreement/Modification. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your purchase of Products. By accessing the Website, ordering or purchasing Products or becoming a registered customer, you consent to have this Agreement provided to you in electronic form. This Agreement includes Mercedes' Privacy Policy and any notices regarding the Website. By accessing the Website or clicking the Accept Button and becoming a registered user, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
• Modification. This Agreement, the Privacy Policy and any other policies referenced by this Agreement may be modified by Mercedes at its sole discretion from time to time, such modifications to be effective upon posting by Mercedes on the Website and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated on September 2017.
• Access and Retention. A link to this Agreement will be found on the Mercedes homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

PRIVACY POLICY. Please refer to our Privacy Policy, which is incorporated into this Agreement by reference.

ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.

WEBSITE CONTENT. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Mercedes reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Mercedes apologizes for any inconvenience this may cause you.

ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to Mercedes, you are communicating electronically. You consent to receive communications from Mercedes electronically. Mercedes will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Mercedes e-mails you consent to receiving products, promotions and other advertisements from Mercedes or its partners.

ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.

WEBSITE CONTENT. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Mercedes reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Mercedes apologizes for any inconvenience this may cause you.

ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to Mercedes, you are communicating electronically. You consent to receive communications from Mercedes electronically. Mercedes will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Mercedes e-mails you consent to receiving products, promotions and other advertisements from Mercedes or its partners.

PRODUCT RETURNS. Please click here for information about return policies.

PRODUCT INFORMATION. The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.

PRODUCT COLORS. Mercedes has made every effort to display as accurately as possible the colors of the Products that appear on the Website. However, as the actual colors you see will depend on your monitor, Mercedes cannot guarantee that your monitor's display of any color will be accurate.

PASSWORD/ACCOUNT SETTINGS. When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to: (a) immediately notify Mercedes of any unauthorized use of your username or password or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Mercedes will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.

INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS. Mercedes owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, 'Content') are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Mercedes or its suppliers. All software used on this Website is the property of Mercedes or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.

"Mercedes Medical", "BluTouch", "BluRapids", "VacuFlow", "Parapell", "PL-Neutralizer", "PathPouch", "Tanner Scientific", "TruTouch", "Q-Sorb", "Liquimount", "Sub Xero", "Quik-Dip", along with other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Mercedes in the U.S. and/or other countries. Mercedes' trademarks and trade dress may not be used in connection with any product or service that is not Mercedes', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mercedes. All other trademarks not owned by Mercedes that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mercedes. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Mercedes.

LICENSE/SITE ACCESS/PROHIBITED USE. Mercedes grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mercedes. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other non-commercial users of the Website who have a user ID and password. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Mercedes reserves all rights not expressly granted herein.

METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Mercedes expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Mercedes trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Mercedes is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Mercedes.

LINKS TO THIRD PARTY SITES. Mercedes may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Mercedes has no control over such sites and resources, you acknowledge and agree that Mercedes is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mercedes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. Mercedes is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.

WARRANTY LIMITATION. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT MERCEDES (INCLUDING OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES AND INDEPENDENT CONTRACTORS OF MERCEDES) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE OR THE PRODUCTS. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MERCEDES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MERCEDES DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER OF LIABILITY. IN NO EVENT SHALL MERCEDES OR ANY OF ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF MERCEDES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT MERCEDES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

MERCEDES MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MERCEDES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MERCEDES FOR THE PRODUCTS.

INDEMNIFICATION. You agree to indemnify and hold Mercedes, its owners, members, managers, subsidiaries, affiliates, agents, and other partners and employees, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your violation of this Agreement and/or arising from any use of this Website.

TERMINATION OF USE. You agree that Mercedes may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that Mercedes may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Mercedes will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

FORCE MAJEURE. Mercedes shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Mercedes. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Mercedes, breach of this Agreement by users, and any other events reasonably beyond the control of Mercedes.

CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between you and Mercedes regarding the use of the Website. The Privacy Policy Statement (as modified by Mercedes from time to time) is incorporated herein by this reference and made a part of this Agreement.

COPYRIGHT AGENT. Mercedes respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide the following information to Mercedess Copyright Agent:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Douglas A. Cherry
Attention: Mercedes Legal Department
Address: 240 South Pineapple Avenue, Suite 1000 | Sarasota, Florida 34236
Phone: 941.364.2738
Fax: 941.366.3999
Email: dcherry@slk-law.com

PREVAILING PARTY. In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys' fees, legal assistants' fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against Mercedes or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

ASSIGNMENT. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. Mercedes may freely assign its rights and obligations under this Agreement.

RELATIONSHIP. By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.

SEVERABILITY. If any part of this Website is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

COPYRIGHT AGENT. Any failure by Mercedes to enforce or exercise any provision of this Website or related rights will not constitute a waiver of that right or provision.

COPYRIGHT AGENT. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.