Special Note to Our Visitors - We are not providing medical or similar professional services or advice through the Site, and the information set forth herein is not intended to replace medical advice provided by your physician. The information presented on our Site is not intended to provide instructions on the use of our products, and should not be relied upon as the basis of any health-care decision. This information is not intended to replace informed medical advice from your qualified health-care provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any product.
While we make reasonable efforts to ensure the information provided on the Site is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. The information contained on the Site may be compiled from a variety of sources. In this regard, if you are a consumer you agree to seek the advice of a medical doctor or professional prior to acting on any information disseminated by the Site. The Site is provided "AS IS" without warranty, express or implied. See the Disclaimer of Warranties Section below for more details.
By accessing information on the Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated within this Agreement.
1. Proper Use of Site
You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
We make no representation that materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Covalent Medical, LLC, are responsible for compliance with applicable local laws.
You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
Certain parts of the Site may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
You affirm that you are either eighteen (18) years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
3. Purchase Terms
Your purchase on the Site will be subject to our Purchase Terms, which are hereby incorporated into and made a part of this Agreement. By submitting payment information in connection with any purchase on the Site, you are agreeing to be bound by our Purchase Terms.
4. Intellectual Property Rights & Grant
The Site and the products sold on the Site contain copyrighted material, trademarks and other proprietary information, including product information, catalogs, brochures, data, text, software, photos, video and graphics ("Content"). You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content or any portion of it.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
If You are an intellectual property owner or agent thereof and believe that any Content on the Site infringes any rights that you own or represent, then you may submit a notification of claimed infringement and we will respond accordingly. Please e-mail Covalent the claim with the subject of "Infringement Claim" to [email protected].
5. Links to External Sites
The Site may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
6. Changes to this Agreement
We reserve the right to change this Agreement periodically at our sole discretion. Your continued use of the Site constitutes acceptance of the terms and conditions stated at the time of use.
7. Disclaimer of Warranties
Except as set forth above, we provide the Site and the information disseminated via the Site "as is", "with all faults" and "as available." We make no express warranties or guarantees about the accuracy of the information contained on the Site, or the data or Content on the Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. WE DO NOT GUARANTEE THAT THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER OF WARRANTIES SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE REGARDING ANY PRODUCT PURCHASED ON THE SITE IS A REFUND OF THE PRICE PAID OR REPLACEMENT OF THE PRODUCT, AS MORE SPECIFICALLY DESCRIBED IN THE PURCHASE TERMS.
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE OR ANY PRODUCT ADVERTISED OR SOLD ON THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITE OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
You agree to defend, indemnify, and hold harmless us, our agents, affiliates, subsidiaries and representatives, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Choice of Law
You agree that the laws of the Commonwealth of Virginia govern this Agreement and any claim or dispute that you may have against us, without regard to Virginia's conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Fairfax County, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
All trademarks appearing on the Site are the property of their respective owners. AREDS® and AREDS2® are registered trademarks of the US Department of Health and Human Services, which is not affiliated with Covalent Medical, LLC or this website.
12. No Waiver
The failure of Covalent Medical, LLC to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
14. Entire Agreement
This Agreement constitutes the entire and only Agreement between Covalent Medical, LLC and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
Effective Date: January 11th, 2013
Last Updated: February 20th, 2018