1. GENERAL.  This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms governing your use of this website (“Site”), states the conditions of sale, shipment, and return of items sold or offered for sale by the Company (“Products”); contains certain waivers of rights which you might otherwise have; and establishes and governs procedures for resolution of claims and of disputes.  By use of this Site, you agree to these Terms of Use. These Terms of Use may be changed by Advanced Medical Products, LLC (the “Company”) from time to time, and the terms of use stated on this Site at the time of use govern your use. This Site may not be used by any person under the age of majority except under the direct supervision of a parent or guardian who is responsible for the minor’s use.
  1. ORDERS.  
  1. Acceptance.  All orders are subject to acceptance by the Company, and no order is accepted until such time as the Company has sent you a confirmation of the order.
  2. Pricing.  All prices displayed on the Site are believed to be accurate; however, pricing errors occur.  If a pricing error has occurred, you will be notified and have the option either of confirming your order at the correct price or canceling your order.
  3. Payment.  Various methods of payment may be available at checkout; however, regardless of the method used, payment in full must be received by the Company prior to shipment of a Product.  If for some reason, payment is not made before shipment, or payment having been made is rescinded, title to the Product will remain in or revert to the Company until such time as payment is made.  In spite of this, risk of loss will remain in you.
  4. Taxes.  All sales, use, and other taxes related to the sale are your responsibility, and you will indemnify the Company accordingly. The Company will collect applicable Kansas Sales Tax.  
  5. Title and Risk of Loss.  Title to Products purchased by you transfers to you upon the Company’s tender of the purchased Product to the carrier.  Risk of loss and damage to the item during transit is your responsibility; however, the Company transfers to you along with title any right it may have against the carrier for such loss.  
  6. Returns.  All sales are final.  The Company may permit return of certain items found defective.  In order to be eligible to return an item, you must contact the Company and obtain the Company’s consent to the return of that item.  You will be responsible for return shipping costs; however, if the Company determines the returned item is defective, the Company will either provide to you a replacement or refund of the purchase price, and in either case, the Company will refund the return shipment cost.  If the Company permits return of an item which it determines is not defective, the Company will provide a refund of the purchase price only if the returned item is in unused and re-saleable condition.
  7. Backorder.  The Company endeavors to maintain a reasonable quantity of each Product displayed on the Site; however, Product may not be available for shipment when you desire.  If Product is placed on backorder, you will be notified and will have the right to cancel the order at any time prior to its shipment.
  8. Product Information.  The Company attempts to provide truthful and accurate information; however, information concerning a particular Product is generally provided by the manufacturer or supplier of that item, and as such, the Company makes no representation or warranty as to its truth or accuracy.  
  1. ACCOUNT.  You may be required to establish an account for use of the Site.  All information provided by you for that account must be true and accurate at the time of your use of the Site, and your account information must be updated accordingly for subsequent use if your information changes.  If you establish a password for an account, you must maintain the confidentiality of that password, and you will be responsible for all use of the account which requires use of that password.
  1. INTELLECTUAL PROPERTY.  The Site and all information displayed on the Site are the intellectual property of the Company or of third-parties which have given permission to the Company to use that intellectual property.  No right nor license to use content displayed on the Site is granted to you. You may access the Site only for your use in considering the Products offered on the Site and may not use the Site nor any of its content for any other reason.
  1. LINKS.  Links may be provided for your convenience; however, all links and the content therein are beyond the control of the Company and no representation is made as to their content.  Use or reliance on any link or its content will be at your risk without representation or warranty by the Company.
  1. PRIVACY POLICY.  By use of this Site, you are bound by the Company’s Privacy Policy which is stated separately in this Site and incorporated into these Terms of Use.
  1. DISCLAIMER OF WARRANTIES.
  1. NO WARRANTY.  THE COMPANY MAKES NO WARRANTY REGARDING ANY PRODUCT SOLD BY IT.  HOWEVER, THIS DISCLAIMER DOES NOT APPLY TO LIMIT OR MODIFY ANY PRODUCT WARRANTY MADE BY THE MANUFACTURER OF THAT PRODUCT IF SUCH WARRANTY EXISTS.  EXCLUDING ANY WARRANTY PROVIDED BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS ARE SOLD TO YOU AS IS. THE COMPANY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING:

    IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

    WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING;

    WARRANTIES OF NON-INFRINGEMENT; AND

    WARRANTIES THAT THIS SITE WILL BE AVAILABLE FREE OF VIRUS, MALWARE OR OTHER HARMFUL COMPONENTS.

  2. Arbitration.  Any controversy arising out of or relating to this Agreement, or the performance hereof, shall be determined by arbitration in the State of Kansas. The parties shall select an arbitrator.  If the parties are unable to agree on an arbitrator, two arbitrators shall be selected with one selected by each party. The selected arbitrators shall select a third arbitrator who shall serve as chairman.  No arbitrator shall be affiliated with either party. The arbitrator or arbitrators shall establish the rules of arbitration. They shall act by majority vote if there be more than one. If a party is unwilling or unable to select or participate in selecting an arbitrator, any party may apply to a court to appoint an arbitrator who shall serve alone.  The costs of the arbitration shall initially be divided equally between the parties and paid promptly upon billing but shall be subject to final award by the arbitrator or arbitrators. Judgment on any award rendered may be entered in any court having jurisdiction over the parties.
  3. Waiver of Damages. In the event of any dispute or claim you may make against the Company, you waive any right you might otherwise have to consequential, incidental, punitive, or exemplary damages.
  4. Waiver of Jury.  In the event any dispute between you and the Company is before a Court, you agree to waive any trial by jury.
  5. Time Limitation.  You agree that regardless of any statute or law to the contrary, any claim or dispute arising out of or related to your use of the Site or order, purchase, or use of a Product, must be filed for arbitration within one (1) year after such claim or dispute first arose or be forever barred.
  1. MISCELLANEOUS.  
  1. No Waiver.  The failure of the Company to enforce a provision of these Terms of Use, or a waiver by the Company of these Terms of Use for an event, shall not be deemed a waiver of the provision for any future event.  
  2. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.
  3. Interpretation.  The words “include,” “includes” and “including” shall be deemed to be followed by “without limitation” and shall not be words of limitation or exclusion.  “Shall” is a word of command and indicates mandatory action without discretion. “Or” shall include “and” unless the context requires otherwise within the sentence.  The virgule or slash mark between two words such as “and/or” means either or both of the connected words, such that “and/or” means one or more of the items connected.  The plural includes the singular and vice versa unless the context requires otherwise.
  4.   Integration.  These Terms of use constitute the full and complete understandings of the parties.  Any other oral or written prior agreements or understandings are superseded hereby.