Terms of Use

TERMS OF USE
(Last updated July 25, 2015)

These Terms of Use are provided by “Cicamed” meaning the Cicamed group of companies, including, but not limited to, CICAMED USA LLC, a Florida limited liability company, and its affiliates, parent companies, and subsidiaries, as well as all of the personnel, managers, directors, officers, employees and agents of the foregoing. All references herein to “us”, “we” or “our” shall mean Cicamed and all references herein to “you” shall mean the customer or user of Cicamed’s services and products. These Terms of Use apply to (1) all of our services and products, (2) all of our websites, including, but not limited to www.cicamed.com, and (3) all of our mobile applications and social media applications (such as Facebook). By registering an account with us, subscribing to our mailing lists, and/or placing orders for our services or products, regardless of method, you hereby acknowledge your agreement to these Terms of Use as follows:

  1. You must be 18 years or older and the age of majority in your place of residence to use, subscribe, and purchase our services and products.
  1. OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  1. UNDER NO CIRCUMSTANCES SHALL WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING OUR PRODUCTS OR SERVICES OR OUR WEBSITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES.  IN THOSE JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. UNLESS OTHERWISE SPECIFICALLY STATED TO THE CONTRARY, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
  1. WE RESERVE THE RIGHT, WITHIN OUR SOLE DISCRETION, TO REFUSE TO ACCEPT OR TO PROCESS ANY AND ALL ORDERS AND TO SUSPEND, DISCONTINUE, AND TO REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, AND DISCOUNTS IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR ORDERS.
  1. THESE TERMS OF USE SHALL APPLY TO ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF OUR SERVICES AND PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM AND PARTICIPATING RETAIL STORES.
  1. Third party service providers: Some aspects of our services and products may be dependent upon a third party service provider, such as a wireless carrier or social media platform. We do not control such third party service providers and are not liable for their acts or omissions. In addition, such third party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using our services and products through such third party service provider.
  1. Proprietary rights: You acknowledge that our services and products contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company or its Affiliates or other third party licensors may own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
  1. Compliance with laws and regulations: You agree to use the Content and our services and products in compliance with all applicable laws, rules and regulations and in a manner that does not, in our sole judgment, negatively reflect on the goodwill or reputation of Cicamed. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Service to either a foreign national or a foreign destination in violation of such laws.
  1. Conduct: Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our services or products will not be permitted. You agree to use our services and products in accordance with these Terms of Use and only for lawful purposes. You expressly agree to use our products strictly for their intended use and not to tamper with them or to attempt to modify them in any form or to permit others from tampering or modifying the same.
  1. Privacy policy: We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a Privacy Policy as a result, which is incorporated herein and constitutes parts of these Terms of Use by reference. In our Privacy Policy, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Policy, which is available for review on our website or which otherwise can be furnished to you by e-mail upon request.
  1. Chargebacks: When purchasing our services and products by credit card, you agree to pay all service charges and administration fees for payments made by credit card and you agree not to cause or permit any charge backs of any credit card payments without our express written consent. In the event that you violate this paragraph, you agree (1) to pay all charge back fees, (2) to reimburse us for our costs incurred as a result of the charge, and (3) to pay us an administrative fee of 25% of the charge back amount, which you further agree is fair and reasonable and does not constitute a penalty.
  1. Rights of Cicamed: If you violate any terms herein, you agree that we shall be entitled to one or more of the following (1) place a lien on all services and products ordered by you; (2) suspend or cancel all services and products ordered by you order; and (3) seek all available remedies at law or in equity against you resulting from any violations herein.
  1. Limitation of Liability and Indemnity: You agree that we shall not be liable for any delays in providing our services or products arising to any factors beyond our reasonable control, including, but not limited to, acts of nature, labor strikes, or acts or omissions of third party suppliers and vendors. You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from (1) your use (or use by any third party using your account) of our website and online services; (2) your breach of any provisions of our Terms of Use; and (3) your violation of any applicable law, rule or regulation pertaining to your use or purchase of our website, services and products.
  1. Shipments: You agree to be responsible for checking the shipment of all products from us upon delivery. If you determine any shortages, defects or damages to any goods then you must notify the sender within two days of delivery. Your failure to so notify the sender shall constitute your irrevocable acceptance of the goods.
  1. Returns: Goods delivered to you may not be returned without first obtaining our written consent. No credit allowance on defective goods will be made and no replacement for defective goods will be shipped in any event, unless we establish the alleged defects to our satisfaction after suitable testing and inspection. If we provide a return authorization, you agree to return the defective goods in a clean, well-packaged condition. The amount charged for the outbound shipping of the goods to you is not refundable under any circumstances. The cost of return shipping back to the return address provided by us (i.e. all return freight and/or delivery charges) shall be your responsibility unless we specifically waived the same in writing.
  1. Waivers: Any waivers by us as to any of the provisions contained herein shall only be effective to the extent made by us in writing and when so made shall be narrowly construed.
  1. Severability: If any provisions of these Terms of Use are held unenforceable by a court having competent jurisdiction, then the remaining provisions shall continue to have full force and effect.
  1. Captions: All headings and captions herein are used for convenience only and shall not be interpreted as substantive provisions of these Terms of Use.
  1. Disputes: Any and all claims arising in connection with purchases and users of our services or products from or pertaining to the United States of America and its territories shall be governed according to the laws of the State of Florida without regard to conflicts of laws principles. You agree that all such claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the claim and the parties. You further agree (1) that the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; (2) that the arbitration shall be held telephonically or at a location determined by the AAA pursuant to the Rules and Procedures of the AAA; (3) that the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (4) THAT THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL; (5) that your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and us alone; and (6) that you may elect to bring your claim in a state small claims court of competent jurisdiction over the claim and the parties.
  1. Updates to Terms of Use: We may change our Terms of Use and/or Privacy Policy from time to time as new features or services are added, suggestions from our customers are incorporated or other changes are made. We will endeavor to post any material changes to the Terms of Use and/or Privacy Policy on our website at least 30 days prior to their effective date, unless we believe changes must take effect sooner to comply with law or to protect Cicamed or our customers, users, members, recipients, sponsors, providers, licensors, merchants, associates and affiliates, in which case the changes will be effective upon posting or as otherwise specified. The date on which the current Terms of Use and/or Privacy Policy took effect is listed at the top of the Terms of Use and Privacy Policy, respectively (see "Last Updated" at the top of each). By using our website and online services after such changes take effect, you agree to be legally bound and to abide by the updated Terms of Use and/or Privacy Policy, as applicable.