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You are here: Home » Administration Page » Information Page » Terms of Use

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These Terms of Use (the "Agreement") are an agreement between users of this website ("you" or "user(s)") and eGeneral Medical, Inc. ("eGeneralMedical"). This Agreement governs your use of this website (located at http://www.egeneralmedical.com or any successor website or location, the "Site"), including, without limitation, your use of any services provided by eGeneralMedical, your purchase of medical and health related products and supplies ("Products") from eGeneralMedical and your use of any content, material or other information made available to you by eGeneralMedical via the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR PURCHASING ANY PRODUCTS.

By using this Site or any services offered via the Site or purchasing any Products, you signify your assent to this Agreement as well as all provisions, disclaimers and disclosures on this Site. If you do not agree to all of this Agreement, DO NOT USE THIS SITE OR PURCHASE ANY PRODUCTS. eGeneralMedical may revise and update this Agreement at any time without notice. Your continued use of the Site or purchase of any Products will mean you accept those changes. You may not amend or change this Agreement unless eGeneralMedical agrees in writing. This Agreement is effective upon your acceptance hereof by clicking the button labeled "I Agree" and continues until terminated by either party as provided herein.

Registration/Purchase:

When you register with eGeneralMedical (via the Site or otherwise) and/or when you purchase any Product from eGeneralMedical, you represent that (i) the information provided by you in our online registration form and/or in our online order form is true, correct, accurate, complete and current (including without limitation all credit card, Q-Chex, PayPal or other payment related information), and you agree to update that information promptly if there is any change, (ii) charges incurred by you will be honored by your credit card company or other third party payment service, and (iii) you will pay all charges that you incur at the then-current rates, including without limitation taxes, freight and other applicable charges. If this Agreement is being accepted by any individual for you, then you represent that such individual has the authority to execute this Agreement on your behalf. The information that you provide in our online registration form and/or in our online order form, together with any other information obtained from you or through your use of the Site or any services offered via the Site or your purchase of any Products are collectively referred to as "Your Information". You acknowledge that by providing any of Your Information to eGeneralMedical, you authorize eGeneralMedical to use Your Information for the purpose of facilitating your use of the Site and any services offered via the Site and your purchase of any Product, including, without limitation, registering you as a customer of eGeneralMedical, billing you for your purchase of Products, personalizing communications to you, and generally to improve the Site and any services offered via the Site. In addition, Your Information is subject to eGeneralMedical's Privacy Policy, which may be found here. If you register with eGeneralMedical via the Site, you are responsible for keeping your password secret and confidential. You agree that you are responsible for any communications, transactions or use of the Site, any services offered via the Site or any purchases of Products that are made using your password, together with any fees, charges, liability or other obligation that may result from such use. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused. You may not assign your password or any of your rights under this Agreement without the prior written consent of eGeneralMedical, and any attempted assignment without such consent shall be void. eGeneralMedical will fully cooperate with law enforcement authorities in the detection and prosecution of any illegal activity.

Services Provided:

eGeneralMedical manages ordering, shipping, purchasing and billing processes to help you purchase Products. eGeneralMedical does not manufacture or design any Products. eGeneralMedical operates a retail store to allow you to purchase Products in one, convenient location in Raleigh, North Carolina.

Ordering, Shipping and Payment Policies:

As a user of this Site, you agree to comply with the ordering, shipment and payment policies of eGeneralMedical herein and otherwise set forth on the Site from time to time. If eGeneral Medical Inc. ships a wrong or incorrect order, you may pay for the item in full or return the item(s) at our expense.

Payment:

Prices for Products are provided on the Site. Price and availability of Products are subject to change without notice. You agree to pay eGeneralMedical for Products purchased by you according to eGeneralMedical's then current prices listed on the Site and payment terms available here. (the "Payment Information"). Unless otherwise set forth in the Payment Information: (i) All payments must be made by Q-Chex, credit card, PayPal, Yahoo! PayDirect, or other method agreed to by eGeneralMedical, are due within 15 - 30 days of receipt of an invoice from eGeneralMedical (or as otherwise provided on the Site); (ii) Any amounts payable to eGeneralMedical hereunder that are not paid when due shall thereafter bear interest at the rate of 1.5% per month or the maximum amount permitted by applicable law, whichever is less; and (iii) If any payment due eGeneralMedical is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you will pay all costs of collection, including, without limitation, all court costs and reasonable attorney's fees. Please contact eGeneralMedical's billing department via email at billing@eGeneralMedical.com if you have any questions regarding billing or payment of fees.

Credit Card Chargebacks:

If you place an order with our company, we apply a $20 administration fee for invalid chargebacks against our company. You must call us about the charge at ext. 115 or fax us at (919) 844-9403 prior to a chargeback dispute with your credit card company against eGeneral Medical, Inc. If we deem the charge return acceptable, we will credit your account accordingly. You cannot cancel an order more than 24 hours after it has been submitted or if the order has already shipped, nor you can you cancel or chargeback against our account for delayed shipments. Chargebacks applied against us without our permission will result in our filing your name and email address with a variety of anti-fraud organizations and possible police investigation. If you have any questions regarding this policy, please call us.

Currency:

Unless otherwise stated, all prices are quoted in U.S. Dollars and all payments must be made to eGeneralMedical in U.S. Dollars.

Taxes:

You agree to pay all taxes, fees, duties, or charges imposed by government authorities on any purchase or shipment of Products, other than taxes imposed on the income of eGeneralMedical.

Order Acceptance:

Not withstanding anything to the contrary on the Site, eGeneralMedical reserves the right, in its sole and absolute discretion, to refuse to process purchase orders received from you, or any other person or entity for any or no reason, subject to compliance with applicable law. eGeneral Medical Inc. has a right with your sole discretion of you using this site, to debit / credit a purchase if eGeneral Medical Inc. finds an accounting error eventhough it may be unauthorized or unwilling.

Minimum Purchase Requirements:

You understand and agree that, with regard to certain Products, eGeneralMedical may impose minimum purchase requirements. You agree that you will comply with any such requirements and that eGeneralMedical is not required to process your purchase orders that do not meet the minimum purchase requirements.

Returns & Refunds:

We do hope that you have enjoyed your online shopping experience and sincerely appreciate your business with eGeneralMedical Inc. In order to keep our prices consistently competitive and meet current standards set forth by our manufacturers, we have a no return, no refund policy unless the item is damaged or defective. Our return/replacement policy is not valid on any orders shipped internationally. If you cancel an order after you hit the send order button, and we process your order, you will be subject to a $5.00 processing fee! As set forth on the Site, certain Products are not returnable. The return of any Product is governed by eGeneralMedical's Return Policy located at our return policy page, which is incorporated herein by reference. If you have questions about order changes, cancellations and returns, email us at sales@egeneralmedical.com or call the Customer Service department.

» Our current Return / Refund Policy can be found here.

Wrong Order / Quantity:

Must be returned to eGeneral Medical Inc, immediately at our return shipment expense and will be refunded once the item (purchase) is received back. Usually take 5-7 days for credit to appear on credit card statement. If item is not returned, no refund will be granted. If a wrong quantity is delivered, then adjustments will be made to deliver / return the correct purchase quantity or credit / debit will be applied to reflex that amount.

Images:

eGeneralMedical uses its commercially reasonable best efforts in displaying as accurately as possible the images and colors of Products on the Site. However, the actual images and colors that are seen will depend, among other things, on your computer monitor. We cannot guarantee that the display you view of any image or color will be accurate.

Shipping:

All sales are shipped FOB eGeneralMedical's place of shipment unless otherwise noted. Products will be shipped via commercial carriers or United States post. The method of shipment will be determined from information provided by you during the order process. You will be responsible for paying shipping and freight, insurance and other Product shipment charges. Shipping and handling charges are subject to change. eGeneralMedical will not be liable for loss, damage, liability, claim, incorrect quanity or penalty resulting from late or improper delivery. You acknowledge and agree that you will indemnify and hold harmless eGeneralMedical and its affiliated entities, and their officers, directors, employees, agents and successors from any actions, claims, demands, damages, liabilities or suits of any nature in law or in equity arising from or in connection with the shipping of any Product(s).

» More information on shipping can be found here.

Title:

Title to the Products, and all risk of loss related thereto, will pass from eGeneralMedical to you at eGeneralMedical's shipping point.

Product Release:

eGeneralMedical serves to manage the ordering, shipping, purchasing and billing processes. eGeneralMedical does not design or manufacture any Products and has no independent control over the quality, regulatory compliance, or safety of the Products listed on the Site or their shipment or the truth or accuracy of the Product listings. You agree that eGeneralMedical has not determined whether any Products sold on the Site comply with federal, state or local safety standards and regulations. Because safety standards and regulations vary among jurisdictions, eGeneralMedical disclaims, and you assume, responsibility for compliance with all applicable safety standards and regulations. By purchasing and/or using any Product, you represent that the use of such Product by you will comply with all applicable statutes, laws and regulations.

Product and Site Use:

You expressly agree and warrant that you will test, use and dispose of any Products and/or materials produced from the Products according to the practices standard in the industry and in strict compliance with all applicable federal, state, or local laws and regulations. You agree to use the Products as they are intended to be used as described in the Product listing on the Site, on the Products' labels or documentation, in the manufacturers catalog or in other literature furnished to you in connection with the Products.

Certain Products contain materials that may be hazardous or harmful if misused. You recognize and acknowledge that eGeneralMedical does not test the Products for safety and efficacy. You have the responsibility to understand the hazards involved in using the Products. It is your duty to warn your employees, agents and consultants of any risks involved in using or handling the Products and you will comply with instructions for Product use furnished therewith by the manufacturer of such Product. No Products will be considered to be food, drugs or medical devices unless clearly stated in the Product listing on the Site.

You may use the Site and purchase Products, subject to the terms and conditions of this Agreement. You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review Product information, or to purchase Products, subject to the terms of this Agreement. You further agree that you will make no unauthorized uses or copies of the Site or of any of the content or material contained therein, whether for unauthorized Product sales or unauthorized framing of or linking to the Site. You are solely responsible for your usage of the Site and your purchase of Products. You specifically agree that you may not use the Site or any Products for anything other than a lawful and legitimate purpose. Examples of prohibited uses of the Site and/or Products include, but are not limited to, the following: (a) deceptive and unfair trade practices; (b) placement on the Site of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Site or any services offered via the Site; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of the Site or any services offered via the Site; (d) promotion or advancement of any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; (e) unauthorized alteration of any data or information supplied by another user; (f) any activity that infringes on the copyright, patent, trademark or other rights of any person or entity; (g) any unauthorized access of or use of the Site, any services offered via the Site, the Content, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; or (h) any unauthorized monitoring of the Site, any services offered via the Site, the Content or data or traffic on any other network or system without express authorization of the owner of the system or network. In addition to the foregoing, you may not use the Site or any Product in any way that (i) does not comply with the terms of this Agreement, as amended by eGeneralMedical from time to time, or any other terms, rules, or guidelines provided by eGeneralMedical on the Site concerning your use of the Site or any services offered via the Site or your purchase of Products (ii) may subject eGeneralMedical to unfavorable regulatory action, violate any law, infringe upon the rights of third parties, or subject eGeneralMedical to liability for any reason, (iii) might adversely affect eGeneralMedical's public image, reputation or goodwill, or (iv) violates eGeneralMedical's Privacy Statement, as amended from time to time, which is hereby made a part hereof by reference, located here, which is incorporated herein by reference.

Except for the rights and licenses expressly provided herein, all rights, title and interest in the Site, including all corrections, enhancements and modifications thereof, are reserved by eGeneralMedical. You may not possess the Site or install the Site at any third-party site. You agree: not to reverse engineer, disassemble or decompile the Site or any part thereof; to take all reasonable steps to insure that the Site, and the trade secrets, confidential and proprietary information contained therein, are not disclosed to any person; and not to remove the copyright, trade secret or other proprietary protection legends or notices which appear on the Site. You agree that you shall promptly notify eGeneralMedical of and shall otherwise cooperate with eGeneralMedical in preventing any unauthorized use or copying of the Site by your employees, agents, customers or others.

The Site may automatically produce search results that reference or link to third party sites throughout the Internet. eGeneralMedical has no control over these sites or the content within them. eGeneralMedical cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. eGeneralMedical does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or will not otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you will not make any claim against eGeneralMedical and its affiliated entities, and their officers, directors, employees, agents and successors for any damages or liabilities of any nature in law or in equity resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify eGeneralMedical at Customer Care and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Indemnification:

You agree to release, defend, indemnify and hold harmless eGeneralMedical, its officers, directors, employees, agents, successor and assigns from and against any suits losses, claims, demands, liabilities, costs and expenses, including reasonable attorneys' fees, that they may sustain or incur as a result of any claim against them based upon any cause of action brought by you, your customers, by auxiliary personnel (such as freight handlers) or by other third parties arising out of, directly or indirectly, your use of the Site, your use or disposition of any Products or by reason of your failure to perform your obligations described in this Agreement.

Representations and Warranties:

You agree that:(i) you understand this Agreement and that it constitutes a valid, binding obligation of you, and (ii) you have full power, authority and legal capacity to enter into this Agreement and follow its obligations. If you are registering or purchasing Products on behalf of a company or other entity, you hereby represent that you have the authority to bind your principal or employer company.

Privacy:

It is eGeneralMedical's policy to respect you privacy. For more information, please read the Privacy Statement located here which is incorporated herein by reference.

Yahoo! Store Disclaimer:

The Site and certain services provided via the Site are hosted by Yahoo! Your use of the Site and Purchase of Products is subject to Yahoo's terms and conditions located here, which is incorporated herein by reference.

eGeneralMedical Warranty Disclaimer:

eGeneralMedical provides the Site to manage the ordering, purchasing, shipping and billing of Products. eGeneralMedical does not manufacture or design the Products listed on the Site and does not imply any warranty or representation related to your use of the Site or the Products you order through the Site. The only warranties made for a Product shall be the warranties, if any, provided by the applicable manufacturer for the Product. You agree to deal directly with the manufacturer regarding warranty issues. EGENERALMEDICAL MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATION WITH RESPECT TO USE OF THIS SITE, USE OF ANY SERVICES PROVIDED BY EGENERALMEDICAL, USE OF ANY PRODUCT, OR SHIPMENT, OR DELIVERY PERFORMED BY THIRD PARTIES IN SHIPPING PRODUCTS. WITHOUT LIMITING THE FOREGOING, EGENERALMEDICAL DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND ACCURACY. EGENERALMEDICAL DOES NOT WARRANT THAT THE OPERATION OF THE SITE OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability:

EGENERALMEDICAL AND ITS AFFILIATES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND CONTENT AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FROM LOSS OF BUSINESS, DIMINUTION OF PROPERTY VALUE, LOSS OF PROFITS, DOWN TIME OR FAILURE TO REALIZE SAVINGS), WHETHER BASED IN CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE LIMITATION OF EGENERALMEDICAL'S LIABILITY SPECIFIED IN THIS AGREEMENT REFLECTS A FAIR ALLOCATION OF RISK BETWEEN YOU AND EGENERALMEDICAL AND THAT EGENERALMEDICAL WOULD NOT PROVIDE THE SITE OR THE SERVICES OFFERED THROUGH THE SITE WITHOUT THE FOREGOING LIMITATION OF ITS LIABILITY AND THE WARRANTY DISCLAIMERS CONTAINED HEREIN. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, EGENERALMEDICAL'S SOLE OBLIGATION TO YOU FOR ANY DAMAGES WHATSOEVER SHALL BE LIMITED TO $100.00.

Infringement:

eGeneralMedical does not warrant that the use of any Products will not infringe the claims of any United States or other country's patents, trademarks, copyrights, trade secrets or other intellectual property rights that cover the Product itself or its use in combination with other products or in the operation of any process. eGeneral Medical Inc. will have no liability with respect to any claim of patent infringement. Any manufacturer that eGeneral Medical Inc. represents by sale or profit infringes on another, will pay costs and damages that may be finally awarded against eGeneral Medical Inc., to the extent that a lawsuit is based on a claim that the Product(s) directly infringe a United States patent.

Content & Intellectual Property:

You acknowledge and agree that all right, title and interest in and to the information (including without limitation medical or health related information), data, code, text, hardware, software, pictures, drawings, schemata, photographs, graphics, videos, music and other material (collectively the "Content") contained on the Site, provided in connection with any services, or relating to any Products, including, without limitation, any trade secrets, copyrights, trademarks, patents or other intellectual or proprietary rights in or to the Content, belong to eGeneralMedical and its content providers and suppliers, and you will not assert any claims to the contrary. You acknowledge that Content may change at any time, without any obligation on the part of eGeneralMedical to notify you of such changes. You may not (i) edit, alter, modify or prepare any derivative works of the Content or any portion thereof, (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included on the Site, (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form, (iv) reproduce, upload, post, transmit, download or distribute any part of the Content other than to create a single electronic copy on your computer's hard drive or a single printed copy of portions of the Content for your personal, non-commercial use, (v) store or archive any portion of the Content, or (vi) create a database using the Content. You acknowledge and agree that the Site may contain Content that is provided by third parties. eGeneralMedical is a distributor and not a publisher with respect to the Content provided by such third parties, and does not undertake to, and is not responsible for, reviewing or editing any such Content. Any opinions, advice, statements, services, offers or other information contained in third party Content are those of their respective authors and not of eGeneralMedical.

eGeneralMedical is a registered trademark of eGeneralMedical. The eGeneralMedical logo is a service mark of eGeneralMedical. eGeneralMedical makes use of manufacturer's and supplier's trademarks, service marks, trade names or other identifying information ("Third Party Trademarks"), and those Third Party Trademarks remain the sole and exclusive property of the applicable third parties.

Content that includes medical or health related information is provided for informational purposes only and is not intended to be, and is not, a substitute for professional medical advice. You should not use any Content for diagnosing or treating a medical or health condition.

Termination:

Notwithstanding anything else herein to the contrary, without limiting eGeneralMedical's other remedies in law or equity, eGeneralMedical may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your ability to access the Site and/or terminate this Agreement, without notice or liability therefor, for any reason whatsoever (in eGeneralMedical's sole determination), including but not limited to if (a) you breach this Agreement or any other agreement between eGeneralMedical and you (including but not limited to eGeneralMedical's Privacy Statement); (b) eGeneralMedical is unable to verify or authenticate any information you provide to it (which it has no duty to do but may pursue in its sole and absolute discretion); or (c) eGeneralMedical believes, in its sole and absolute discretion, that your actions may cause, result in or carry a risk of legal liability for you, a user or eGeneralMedical. Upon termination of this Agreement, any provision of this Agreement (including without limitation provisions concerning Indemnification, Representations and Warranties, Warranty Disclaimer, Limitation of Liability, Content, Intellectual Property and Governing Law) that by its terms imposes continuing obligations on you shall survive the termination of this Agreement. Termination of this Agreement will not affect any obligations that accrued before the termination.

Regulatory Matters:

You acknowledge that certain Products may be subject to certain regulatory requirements. Some of these regulations may impose requirements on purchasers and users of certain Products, and under certain circumstances different or unanticipated Product usage may trigger new or additional regulatory requirements. You acknowledge and agree that you will be solely responsible for learning, understanding, and complying with all laws and regulations potentially applicable to those Products you purchase through the Site. You hereby agree to defend, indemnify and hold harmless eGeneralMedical, its officers, directors, employees, agents, successor and assigns from and against any suits losses, claims, demands, liabilities, costs and expenses, including reasonable attorneys' fees, that they may sustain or incur as a result of any claim against them based upon ay cause of action brought by you, your customers, by auxiliary personnel (such as freight handlers) or by other third parties arising out of, directly or indirectly, a Product purchased by you through the Site.

Notice:

Unless stated otherwise, all notices will be sent by email: i. by you to Attn: Shipping Manager; or ii. by eGeneralMedical either to the email address you provide to eGeneralMedical during the registration process or order taking process or other address that you specify in writing. E-mail notices will be read within 24 hours after they are sent, unless the sender is notified that the email address is invalid or returned undeliverable. Alternatively, eGeneralMedical may provide notice by certified mail, postage prepaid and return receipt requested, to the address provided to eGeneralMedical on your registration form or your order form.

Force Majeure:

eGeneralMedical will not be responsible for delays or failures in providing any of the services available via the Site or in making the Site available for your use due to any cause beyond eGeneralMedical's reasonable control.

Governing Law:

This Agreement shall be governed by the laws of the State of North Carolina without regard to conflict of law provisions and as if made and to be performed entirely within the State of North Carolina. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is strictly excluded. The parties hereby consent to the jurisdiction and venue of the state and federal courts of Wake County, North Carolina.

Entire Agreement:

This Agreement, along with any other written agreement that may be entered into between you and eGeneralMedical constitutes the entire agreement between you and eGeneralMedical governing your use of the Site and the purchase of Products through the Site. In the event of a conflict between this Agreement and the terms and conditions of any other written agreement entered into between you and eGeneralMedical, the terms and the other written agreement shall control.

Severability:

If any section of this Agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section will be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this Agreement and the rest of the Agreement will remain in full force and effect.

Section Headings:

The section headings are for convenience only; they form no part of the terms and conditions of the Agreement and will not affect the interpretation of this Agreement.

Binding Effect:

This Agreement will be binding upon and enforceable by the parties it describes and their respective heirs, personal representatives, successors and assigns.

Non-Waiver:

The failure of eGeneralMedical to enforce or require enforcement of any provisions of this Agreement will not constitute, or be construed to be, a waiver of the Agreement's provisions, nor will it affect eGeneralMedical's right to enforce all provisions of this Agreement thereafter.

© 2006 eGeneral Medical, Inc. All Rights Reserved.





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