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Appy Medical Terms of Use

Updated 3/26/2024

We appreciate your visit to the AppyMedical.com website, a service provided by Appy Medical, LLC (the “Website”). Your use of the Website is governed by this Terms of Use Agreement (the “Agreement”). In this Agreement, Appy Medical (“Appy”) may be referred to as “we,” “us,” or “our.” The terms “you” and “your” refer to you, either as an individual or entity.

PLEASE REVIEW THESE TERMS OF USE THOROUGHLY BEFORE ACCESSING THIS WEBSITE.

By accessing this Website, you consent to this Terms of Use Agreement. If you do not consent to these Terms of Use and the AppyMedical.com Privacy Policy, please leave and disregard the information herein.

RESPONSIBILITIES

You are obligated to adhere to all relevant laws in relation to your use of the Website, and any additional limitations as may be outlined in any written or on-screen notice from Appy Medical. You agree not to use the Website for any unlawful purpose or any purpose prohibited by this Agreement.

PRIVACY

You agree to the terms of the AppyMedical.com Privacy Policy, which you should review by clicking above.

DIGITAL COMMUNICATIONS

When you visit the Website or send us an e-mail, you are communicating with us digitally. You agree to receive digital communications from us. We will communicate with you via e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications we provide to you digitally fulfill any legal requirement that such communications be in writing.

NO PROFESSIONAL ADVICE

Any information provided through the Website by any employee or agent of Appy Medical, whether by phone, e-mail, letter, fax, or other form of communication, is intended for educational purposes or general guidance on the use of the Website, and does not constitute medical, legal, or other professional advice. Health-related information provided through the Website should not replace medical advice and it is crucial that you do not make medical decisions without first consulting your personal physician or other healthcare professional. Any questions or feedback you submit to Appy Medical does not establish a professional relationship and does not create any privacy interests other than those outlined in the AppyMedical.com Privacy Policy.

AUTHORSHIP

If content on the Website is identified as being authored by a third party, Appy Medical is not the author.

TRADEMARKS

All rights in the product names, company names, trade names, logos, product packaging, and designs of Appy Medical, or third-party products or services, whether or not appearing in large print or with the trademark symbol, are owned exclusively by Appy Medical or its affiliates, or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is strictly prohibited and nothing stated or implied on this Website grants you any license or right under any patent or trademark of Appy Medical or its affiliates, or any third party.

YOUR ACCOUNT RESPONSIBILITIES

In return for your use of the Website, you agree to: (a) provide truthful, accurate, up-to-date and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) keep the Account Information truthful, accurate, up-to-date and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Website. Account Information and certain other information about you are governed by the AppyMedical.com Privacy Policy. For more information, please review our full Privacy Policy. You agree to inform us immediately of any unauthorized use of your account or any other security breach.

YOUR BEHAVIOR

Any behavior by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be allowed. You agree to use the Website only for lawful purposes. You are forbidden from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to access the Website by any means other than through the interface that we provide for use in accessing the Website. By using this Website, you agree not to:

  • use this site for any purpose that violates local, state, national or international laws;
  • delete or revise any material or other information of any other user, Appy Medical or its affiliates harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; 
  • use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Website or any activity being conducted on this site; 
  • use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than (i) the search engine and search agents available on the Website and (ii) generally available third party web browsers;
  • allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

You further agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:

  • Unauthorized access to data or logging into a server or account that you’re not permitted to access;
  • Trying to examine, scan, or check the vulnerability of a system or network or to break security or authentication measures without the right authorization;
  • Attempting to disrupt service to any user, host, or network, including, but not limited to, by submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing,” “phishing” or “crashing,” the Website;
  • Sending unrequested e-mail, including promotions and/or advertising of products or services; or
  • Manipulating any TCP/IP packet header or any part of the header information in any e-mail or posting.

Breaches of system or network security may lead to civil or criminal liability. We will investigate incidents that may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such breaches.

PROMOTIONS AND COMPETITIONS

Occasionally, we may host or co-sponsor contests, sweepstakes, and games on the Website. Each of these activities will be regulated by specific rules available from the Website hosting the promotion.

COPYRIGHT OWNERSHIP

Unless otherwise stated, all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Appy Medical or its affiliates, or their respective third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are forbidden from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website for any purposes other than solely for your own personal use as described below. Nothing stated or implied on the Website grants you any license or right under any copyright of Appy Medical or its affiliates, or any third party.

The Website and the information contained in the Website are for informational purposes only. You may freely browse this Website and download materials contained on this site for your personal, non-commercial use. However, no material, images, or design elements from this Website may be copied, reproduced, republished, re-posted, transmitted, hyperlinked, merged with any other works, or distributed in any way, for public or commercial purposes without our express written permission. Alterations of the contents of the Website are a violation of Appy Medical and its affiliates’ and/or copyright and other proprietary rights. Requests for permission to reproduce any information contained on this Website should be addressed to Appy Medical Privacy Officer at 8789 South Redwood Rd. suite 250, West Jordan, UT 84088; by phone at (855) 613-1199; or by email at info@Appymedical.com.

PRODUCT DESCRIPTION/COLOR

We have strived to display the colors of products that appear at the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have tried to be as accurate as possible. However, we do not guarantee that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Website is not as described, your sole remedy is to return it in unused condition.

WARRANTY DISCLAIMER, LIABILITY LIMITATIONS, AND INDEMNITY

We strive to provide accurate and current information on our Website, but we do not guarantee its accuracy. The materials on the Website are offered “AS IS”, without any express or implied warranties. We do not guarantee that the Website will operate without interruption or errors, that faults will be fixed, or that the Website is free from viruses or other harmful elements. We make no guarantees about the accuracy or reliability of the Website’s use or its outcomes. Anyone using this site bears all costs for necessary computer or network maintenance, repair, or correction. We will not be held responsible for any special or consequential damages resulting from the use of, or inability to use, the Website under any circumstances.

WE OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE WEBSITE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE WEBSITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THIS PARAGRAPH APPLIES TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to protect us, including our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

OUR RIGHTS

We may choose to monitor parts of the Website electronically or otherwise and may disclose any content, records, or electronic communication of any kind if we deem it necessary or appropriate (i) to comply with any law, regulation, or government request; (ii) to operate the Website; or (iii) when we believe that someone is causing harm to or interfering with our rights or property, other users of the website or anyone else that could be harmed by such activities. We are not responsible for screening, policing, editing, or monitoring such content. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and decide at our sole discretion whether to remove or request the removal of such content from the Website.

We may terminate or suspend your access to all or part of the Website, without prior notice, for any conduct that we, in our sole discretion, believe violates any applicable law or is harmful to our interests or the interests of another user, or other third parties.

Our business prioritizes customer service, and as such, we may choose not to sell products to you if we believe you plan to resell them. We also have the right to limit the number of items each customer can purchase. We can cancel any order or part of an order, or refuse service to anyone for various reasons, including unauthorized coupon use, product availability, and price discrepancies or errors. We may charge additional fees or shipping charges for backordered products. We can change the terms of any offer or promotion at any time without prior notice. The prices listed on our website do not constitute an offer for sale, and the order confirmation does not mean we have accepted an offer to purchase goods. We can only confirm the price of an item when you place an order. Despite our best efforts, a few items in our catalog may be incorrectly priced. If an item’s actual price is higher than the price we have listed, we will either contact you for further instructions before shipping or cancel your order and inform you of the cancellation. The sales contract between us and any customer is not finalized until we charge a valid credit card or accept payment in another form.

We also have the right to disclose any information necessary to comply with any applicable law, regulation, legal process, or governmental request.

LINKS TO THIRD PARTY SITES

From time to time, we may provide a link to a third party’s website. These links will take you away from our website. We do not control the linked sites and are not responsible for the availability or reliability of the content of any linked site, any link within a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site. We provide these links for your convenience only. We do not endorse, sponsor, or recommend the site or its use or contents. Therefore, please address any concerns or complaints you may have about these external links to their site administrator.

APPLICABLE LAW

These Terms of Use are governed and interpreted according to the laws of the State of Utah, United States of America, regardless of any principles of conflicts of law. All disputes related to these Terms of Use will be resolved by arbitration conducted in English in Salt Lake City, Utah, U.S.A., by a single arbitrator appointed jointly, under the commercial arbitration rules of the American Arbitration Association. The parties will share the cost of the arbitration equally (except that the winning party will be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration, as determined by the arbitrator). All decisions of the arbitrator will be final and binding on both parties and can be enforced in any court of competent jurisdiction. Despite this, Appy Medical has the right to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Utah or any other court of competent jurisdiction.

TERMINATION

The effectiveness of these terms continues until either party terminates them. If you decide not to be bound by the Terms of Use anymore, you should stop using the Website. We hold the right, under applicable law, to suspend or deny your access to the entire or any part of the Website at our discretion, without any prior notice. You consent that we can terminate your access to the Website without any prior notice, and you understand and agree that we can instantly deactivate or delete your account along with all related information and files in your account and prevent any further access to such files or the Website. Moreover, you agree that we won’t be held responsible for any termination of your access to the Website by you or any third party.

GENERAL INFORMATION 

The Terms of Use represent the complete agreement between us (you and us) and regulate the use of the Website. You might also be subject to extra terms and conditions that might apply when you use affiliate services, third-party content, or third-party software. Our lack of action or enforcement of any right or provision of this Agreement or response to a violation by you or other parties doesn’t waive our right to enforce any terms or conditions of this Agreement or to act regarding similar violations later. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties still agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use continue to be in full effect. You agree that any claim or cause of action related to the use of the Website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred, regardless of any contrary statute or law.

The titles of the sections in the Terms of Use are only for convenience and don’t have any legal or contractual effect.

DATA SECURITY 

When you make an online order, your personal information and credit card or debit card information are encrypted using SSL encryption technology before being sent over the Internet. We use SSL technology to prevent your information from being stolen or intercepted while being transferred to us and once we have received it. Your credit card information is always stored in encrypted form in a database with restricted access that is separate from our website database, so it’s not connected to the Internet, to keep it safe from hackers. However, no method of transmission over the Internet, or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

COPYRIGHT INFRINGEMENT COMPLAINTS 

We respect the intellectual property rights of others and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  • 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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
  • your name, 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.

Our agent for notice of claims of copyright infringement on the Website can be reached as follows:

Appy Medical Privacy Officer

Address: 8789 South Redwood Rd. suite 250, West Jordan, UT 84088

Phone: (855) 613-1199

Email: info@Appymedical.com