Terms of Service

Last Updated: January 6, 2006

1. THIS IS AN AGREEMENT BETWEEN YOU AND ABSORBCARE

This is an agreement ("Agreement") between you and ABSORBCARE® ("ABSORBCARE"). This Agreement governs your use of WWW.ABSORBCARE.COM ("the ABSORBCARE Web Site") operated by ABSORBCARE. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

ABSORBCARE OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ABSORBCARE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR SERVICE.

2. HOW ABSORBCARE MAY MODIFY THIS AGREEMENT

3. INFORMATION AVAILABLE FROM THE ABSORBCARE WEB SITE

ABSORBCARE and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ABSORBCARE Web Site including product prices and availability, even if such information appears in any e-mail, pager, cell phone or other alerts available through the ABSORBCARE Web Site. The ABSORBCARE Web Site may contain links to other sites on the Internet. We do not endorse nor accept responsibility for the content or privacy policies on those sites. Your use of those sites is at your own risk. Nothing contained in the ABSORBCARE Web Site is intended to constitute professional advice, including but not limited to, medical advice.

4. PRIVACY STATEMENT

ABSORBCARE publishes a privacy policy on its web site and may amend such policy from time to time, in its sole discretion. You should refer to the privacy policy prior to agreeing to this Agreement for a more detailed explanation of how your information will be stored and used by ABSORBCARE. The ABSORBCARE's privacy policy is provided as a courtesy to you for informational purposes only and contains statements of the ABSORBCARE's present guidelines and goals with respect to the collection, retention and use of data ABSORBCARE may obtain from your purchase of our products. ABSORBCARE does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in the ABSORBCARE's privacy policy. By entering into this Agreement, you agree that ABSORBCARE may collect, retain and use your personal information, including your name, address and e-mail address. Your personal information will be used primarily to provide services and product functionality to you. ABSORBCARE may also use your personal information for additional communication with you, subject to your decision not to accept such communication from ABSORBCARE and subject to applicable laws. ABSORBCARE engages other companies and individuals (each, a "ABSORBCARE Party" and collectively, the "ABSORBCARE Parties") to perform functions on its behalf, such as payment processing, order fulfillment, marketing programs and customer service. ABSORBCARE may share your information with such ABSORBCARE Parties in order to perform these and other functions, but such ABSORBCARE Parties may not use your personal information for other purposes, unless you agree. By entering into this Agreement, you agree to the transfer of your personal information to ABSORBCARE, for the purposes stated above.

5. ABSORBCARE MAKES NO WARRANTY

ABSORBCARE PROVIDES THE ABSORBCARE WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABSORBCARE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ABSORBCARE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ABSORBCARE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

6. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ABSORBCARE NOR ANY ABSORBCARE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ABSORBCARE WEB SITE AND THE PRODUCTS SOLD IN IT, EVEN IF ABSORBCARE OR SUCH ABSORBCARE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 6 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ABSORBCARE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ABSORBCARE PARTY WITH RESPECT TO THIS AGREEMENT OR THE ABSORBCARE WEB SITE AND THE PRODUCTS SOLD IN IT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO RECEIVE A REFUND FOR THE MERCHANDISE PURCHASED AND IN DISPUTE, IF ANY, EXCLUDING SHIPPING AND HANDLING CHARGES, AND TO DISCONTINUE USING THE ABSORBCARE WEB SITE.

7. TERMINATION

ABSORBCARE reserves the right to terminate this Agreement for any reason, with or without cause and with or without notice.

8. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Orange County, California, USA in all disputes arising out of or relating to the use of the ABSORBCARE Web Site.

9. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 the remainder of this Agreement will continue in effect. ABSORBCARE may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ABSORBCARE Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ABSORBCARE with respect to the ABSORBCARE Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ABSORBCARE with respect to the ABSORBCARE Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

10. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND ABSORBCARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ABSORBCARE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the ABSORBCARE Web Site are Copyright © 2005 ABSORBCARE. All rights reserved. ABSORBCARE may be either a trademark or registered trademark of ABSORBCARE in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.