Terms of Service
Welcome to the ABDMedical website, www.abdmed.com (the “Site”) owned and operated by ABDMedical, LLC. Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. ABDMedical reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. ABDMedical provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is ABDMedical property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of ABDMedical. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. ABDMedical specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own.
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it.
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner.
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another.
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws.
- Attempting to interfere in any way with the Site’s or ABDMedical’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Limits on purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made on our online store, www.abdmed.com.
Violations of system or network security may result in civil or criminal liability. ABDMedical will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging into an ABDMedical server or account, which you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Product and pricing information
Although ABDMedical has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and ABDMedical cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. ABDMedical is not responsible for typographical errors regarding price or any other matter.
As between you and ABDMedical, ABDMedical is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The ABDMedical logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ABDMedical Intellectual Property”) are owned by ABDMedical and may be registered in the United States and internationally. You agree not to display or use the ABDMedical Intellectual Property in any manner without ABDMedical’s prior permission. Nothing on the Site should be construed to grant any license or right to use any ABDMedical Intellectual Property without the prior written consent of ABDMedical.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by ABDMedical. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you respond to ABDMedical with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of ABDMedical, and your submission of information shall constitute an irrevocable assignment to ABDMedical of all worldwide rights, titles and interests in and to such information. ABDMedical will not be liable for any use or disclosure of such information. ABDMedical will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. ABDMedical will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Disclaimers and limitation of liability
ABDMedical publishes information on its Site as a convenience to its visitors. While ABDMedical attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The ABDMedical products described in the Site may not be available in your region. ABDMedical does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” ABDMEDICAL DISLCAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ABDMEDICAL DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ABDMEDICAL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ABDMedical makes no warranties of any kind regarding any non-ABDMedical sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and ABDMedical makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-ABDMedical sites. ABDMedical does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL ABDMEDICAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ABDMEDICAL OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold ABDMedical, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
These Terms constitute the entire agreement between you and ABDMedical and govern your use of the Site, and they supersede any prior agreements between you and ABDMedical. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. ABDMedical may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in ABDMedical’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between ABDMedical and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to ABDMedical or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of ABDMedical to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Ohio.
You may not assign the Terms or any of your rights or obligations under the Terms without ABDMedical’s express written consent. The Terms inure to the benefit of ABDMedical successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
Information we collect about you
Any personal information you provide us is maintained on secure servers and our internal systems. We collect information when you register online or update your account, log-in, place an order, communicate with our customer service representatives, opt-in to receive our emails, shop online, participate in a contest, promotion or survey, or join our social networking sites. This information may include, but is not limited to, your contact information (for example, your name, email address, billing and shipping addresses and phone number) and your credit card information.
How we use this information
When you supply your postal address by placing an order on our website, we use this information to process and track your order and contact you via email, postal mail or phone if we have any questions or concerns regarding your order. If you provide an email address during checkout, you will also receive order confirmation and shipping status emails.
We also maintain a record of your purchases made on our website and combine this with information you have provided in order to serve you better. We may combine information you provide with demographic information and information that is publicly available. We may also use information about your product preferences and interests in order to improve our site design and enhance your shopping experience. If you communicate with our customer service representatives, we will use the information you convey to respond to your requests and serve you better.
When we offer contests, promotions or surveys, you may be required to provide certain personal information so we can notify winners and/or fulfill promotional obligations. In these instances, you have the option to receive emails or other communications from us regarding our products, services, contests, and promotions. Even if you have previously chosen not to receive email communications from us, you may still receive information as it relates to the contest, promotion or survey in which you have participated.
You should also be aware that we may disclose specific information about you if required to do so by law, governmental request, process or court order or based on our good faith belief that it is necessary to conform or comply with such law, request or court order or to protect the users of our website or the public.
Customized advertising (behavioral marketing)
Advertisements displayed to you on our website and elsewhere on the Web may be customized to your interests and preferences, based on information learned about you as you use our website and the Web in general.
Marketing email communications
At various points on our website, you have the option to join our email list and receive information about our products, services and offers. Also, if you provide us with your email address when you register online or update your account, log-in, place an order, make a customer service inquiry, opt-in to receive our emails, shop online, participate in a contest, promotion or survey, you may automatically be added to our email list and receive marketing or promotional information from us.
If you do not wish to receive ABDMedical marketing emails, you may opt out by clicking on the unsubscribe link found at the bottom of all ABDMedical marketing emails, or you may email customer service at email@example.com with the following:
- The phrase “Remove ABDMedical email” in the subject line
- Your name and email address
You can also contact us via postal mail regarding any of the above by writing to:
ABDMedical Customer Relations
P.O Box 62724
Cincinnati, OH 45262
Please be aware that it can take up to 10 business days to remove you from our marketing email lists.
If you want to change your postal or email address, please send an email to firstname.lastname@example.org with the following:
- The phrase “address change” in the subject line
- Your name, complete old postal or email address and the new address to be used.
- You will receive an email confirmation that your request has been received and processed.
Your online account
When setting up an online account on our website, you will be prompted to select a password. The retrieval of personal information relating to you and your order history is only available to you if you provide the correct password that you have created. Profile information is only available when you are logged in to your account. After providing your password, you can edit or delete your information at any time through the “my account” page.
If you forget your password, a new password will be assigned to you and will be emailed to your email address. We will not give passwords out over the phone, nor will we email them to a different address than the one used to register.
Links to other sites
Cookies and web beacons
Most internet browsers automatically accept cookies, but if you do not wish to have cookies on your system, you can set your browser preferences to refuse them or to alert you when cookies are being sent. In order to disable cookies, please consult your browser’s “help” section for instructions. Additionally, if you have an Adobe Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. If you choose to decline cookies, you may not be able to fully experience the features of our website.
Web beacons are small strings of code that are placed in a web page or in an email message. They are sometimes called “clear GIFs” (Graphics Interchange Format) or “pixel tags.” Web beacons are most often used in conjunction with cookies to track activity on our website. When you visit a particular web page, web beacons notify us of your visit. Since web beacons are used in combination with cookies, if you disable cookies the web beacons will only detect an anonymous website visit. When used in an email, Web beacons enable us to know whether you have received the email.
The security of your information is very important to us. We use 128-bit Secure Socket Layer (SSL) technology to protect the security of your online order information. SSL technology encrypts your order information to protect it from being decoded by anyone other than ABDMedical.
Once you enter the checkout page your computer will begin communicating with our server in secure mode. You can tell that you are in secure mode by the following:
- The “http” in the web address will be replaced by “https”
- Depending on the browser, you will see either a padlock or a solid key in the lower section of the browser window.
While we implement these and other security measures on our sites, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.
Accessing our web sites from outside the US
By email: email@example.com
Monday – Friday, 9:00am – 5:00pm EST.