TERMS AND CONDITION
Welcome to PlusCare Medical. The PlusCare Medical web site (this “Site”) is offered for your use subject to your acceptance, without modification, of the following terms and conditions (these “Terms and Conditions”). Please read them carefully. Your use of this site constitutes your agreement to these Terms and Conditions.
PlusCare Medical LLC (“PlusCare”) owns this Site. We also own or license the products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these Terms and Conditions.
COPYRIGHT AND TRADEMARK NOTICES
This Site and all Content is ©2021 PlusCare Medical LLC or third party product or service providers. “PlusCare” and other names and designations of PlusCare or any of its products or services referenced on this Site are each service marks or trademarks (or registered service marks or trademarks) of PlusCare Medical LLC, 2082 Michelson Drive, Suite 100,Irvine, CA 92612. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in this Site and the Content are reserved to PlusCare.
USE OF SITE (GENERAL)
You may not use this Site on behalf of any third party, except as explicitly permitted by PlusCare in advance. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content in violation of any applicable law or in any other manner that would conflict with these Terms and Conditions.
Additionally, you agree not to:
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other persons using the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Site;
- Use any robot, spider, or other automated devices, process, or means to access the Site or the Services (defined below) for any purpose;
- Use the Site to distribute unsolicited promotional or commercial content, or solicit other persons using the Site for commercial purposes;
- Otherwise attempt to interfere with the proper working of the Site.
PlusCare may at any time, in its exclusive discretion and without notice, terminate, suspend, or restrict your access to this Site or any of its components. In particular, and without limitation, your use of this Site in violation of any of these Terms and Conditions may result in the termination of your account (referenced below) or access to this Site, as well as the taking of legal action against you.
USE OF OUR SERVICES
The PlusCare service (the “Service”) is provided solely to assist you in shopping for items sold on the Site, in each case in accordance with these Terms and Conditions.
Access to certain Services on this Site is limited to those who have created an account by creating a password and account identification to enable you to access and use certain portions of the Services, such as to place an order on the Site. You represent, warrant, and acknowledge that: (1) you will take all reasonable precautions to preserve the confidentiality of your personal login information and to prevent its unauthorized use; (2) all information you provide to us to setup and use your account, including your personal login information, will be true and complete; (3) you are financially responsible for all fees, charges, costs, expenses, duties, taxes, and other amounts that may be imposed with respect to the use of this Site or transactions entered through the Service by you or by any other person using your personal login information; (4) you will not execute any transaction through the Service other than for yourself or for another person for whom you are legally authorized to act; and (4) you are at least 18 years of age. PlusCare has no obligation to investigate the authorization of any use of your account enabled using your login credentials. You will be responsible for the safety of your account, including the security of the password and identification assigned to you.
Your ordering and purchase of any third-party product or service via the Service will be subject to the terms and conditions imposed by the third-party supplier of that product or service, as well as these Terms and Conditions. As a condition of your use of the Service, you represent and warrant that you will comply with the terms and conditions imposed by any supplier whose product or service you order or purchase through the Service.
Your ordering and purchase via the Service will be subject to the Terms of Sale on this Site, as well as these Terms and Conditions.
We may limit the Service, including document uploading, order payment, or message sending. Also, we may terminate your visit on Site or Service, at our sole discretion, without notice or cause, or if we thought you have broken our terms. you can contact us with the "Contact Us" section on our site for any reason.
LINKS TO OTHER SITES AND THIRD PARTY TRADEMARKS
Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by persons other than PlusCare (“Third Party Sites”). Third Party Sites include, but are not limited to, web sites owned or operated by the suppliers of products or services that can be purchased via the Service. The availability of click-thru access to Third Party Sites or use of their trademarks on this Site is not intended to create or imply any affiliation between us and the owners or operators of any Third Party Site or trademarks, or any sponsorship by us of any Third Party Site or its owners or operators. You acknowledge that these Terms and Conditions contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on that site.
Your use of any Third Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those terms and conditions.
If any portion of this Site enables you to download any Content, you may download one (1) copy of that Content for use on a single computer (“Downloaded Content”), provided that your use of the Downloaded Content complies with these Terms and Conditions. If the Downloaded Content contains additional terms and conditions, then your use of that Downloaded Content will be governed by the provisions of those additional terms and conditions, as well as by these Terms and Conditions. The installation or use by you of any Downloaded Content that includes additional terms and conditions will constitute your acceptance of those additional terms and conditions.
You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer any Downloaded Content, without the express written consent of the owner of the Downloaded Content. For example, and without limiting the foregoing, you may not remove or modify any copyright, trademark, or other proprietary notice displayed on any Downloaded Content, nor may you transmit or otherwise transfer any Downloaded Content to any other computer, server, web site, or other medium for mass distribution.
With respect to any design, idea, concept, suggestion, or other information you communicate to us, electronically, telephonically, in writing or otherwise (“Submissions”), you automatically, and without further action, grant to PlusCare a royalty-free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, license, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) 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.
PlusCare’s Copyright Agent for notice of claims of copyright infringement on the Site is Copyright Compliance Manager, who can be reached as follows:
By Mail: Copyright Compliance Manager, PlusCare Medical LLC, 2082 Michelson Drive, Suite 100,Irvine, CA 92612
By Phone: (800) 798 8788
By e-mail: info@PlusCareMedical.com
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” PLUSCARE DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE PROVIDES CLICK- THRU ACCESS, INCLUDING THIRD PARTY SITES, OR THEIR RESPECTIVE CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLUSCARE DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS SITE, ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
IN NO EVENT WILL PLUSCARE BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, EVEN IF PLUSCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLUSCARE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK- THRU ACCESS, (3) EXCEPT AS OTHERWISE PROVIDED IN WRITING, THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK- THRU ACCESS, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (7) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY OR (8) ANY OTHER USE OF THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
If, notwithstanding the foregoing, PlusCare or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this site or its content, as described herein, the liability of PlusCare and the third party providers and distributors shall in no event exceed, in the aggregate, $100.00 (US).
You agree to indemnify, defend, and hold PlusCare and our partners, officers, directors, employees, agents, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
GOVERNING LAW, JURISDICTION, VENUE
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Orange County in the State of California, United States of America, with respect to all disputes arising out of or relating to the use of this Site, the Service, or these Terms and Conditions. Your use of this Site and the Service is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this paragraph.
ADDITIONAL RIGHTS AND RESTRICTIONS
(1) You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. (2) If any provision of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. (3) No waiver by PlusCare of any provision hereof, and no failure by PlusCare to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by the President of PlusCare. (4) PlusCare may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to this Site, the Service or any other Content. (5) The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.
You agree not to circumvent, disable, or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any Content or enforce limitations on use of the website or the Content therein.
MODIFICATION AND ACCEPTANCE OF TERMS AND CONDITIONS
You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by PlusCare at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.
I warranty that I am buying or selling products from this website by or on the order of a physician.