Website Terms of Use

MG Medical Products, LLC Website Terms of Use

Last Updated: January 15, 2024

Please read these terms of use carefully before using the MG Medical Products, LLC website located at www.mgmedpro.com (the “Website”). The Website is owned and operated by MG Medical Products (“we” or “us”). These terms of use (the “Terms”) set for the legally binding terms and conditions governing your use of the Website. These Terms do not apply to your use of any other websites or services offered by us. By using the Website, you acknowledge that you have read, understood, and accepted these Terms. If you do not agree to the Terms, you are prohibited from using the Website.

Intellectual Property Rights

The Website and all source code, databases, functionality, software, designs, text, photographs and graphics on the Website and the trademarks, service marks and logos contained therein are owned or licensed by us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions.

Data Collection

You may use the Website without signing up, in which case we may still collect data about you based on the data collection practices stated in the MG Medical Products Website Privacy Policy. You may also provide us with certain contact information, such as your name, address, telephone number and email address. The use of the information collected by us through the Website is governed by the MG Medical Products Website Privacy Policy.

User Representations

By using the Website, you represent and warrant that: (1) all information you submit will be true, accurate, current and complete; (2) you have the legal capacity, are 13 years of age or older, and agree to comply with these Terms; (3) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise or circumvent, disable, or otherwise interfere with security-related features of the Website; (4) you will not use the Website for any unauthorized purpose; (5) you will not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Website; and (6) your use of the Website will not violate any applicable laws or regulations.

Term and Termination

We reserve the right to modify or discontinue all or part of the Website without notice at any time. We also reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Website (including blocking certain IP Addresses), to any user for any reason. Termination of a user’s right to use the Website does not relieve the user of any obligation under any other agreement that has not been specifically terminated, such as these Terms or the MG Medical Products Website Privacy Policy. Our rights hereunder pertaining to your data shall not be affected by the termination of your access to the Website. In addition to terminating user access for violations of these Terms, we reserve the right to take legal action including, without limitation, pursuing civil, criminal and injunctive redress.

Disclaimer

This Website is provided on an as-is basis. Your use of the Website is at your sole risk. We disclaim all warranties, express or implied, in connection with your use of the Website, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We assume no liability or responsibility for any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website.

Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) use of the Website; (2) breach of these Terms; or (3) violation of the rights of a third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. You can determine when these Terms were last revised by referring to the "Last Updated" date above. Use of the Website following such changes constitutes acceptance of the revised Terms then in effect. Governing Law These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of Ohio without regard to its rules of conflict of laws. Any dispute, controversy or claim related to these Terms brought by either you or us shall be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at the AAA website www.adr.org.

Assignment

We reserve the right to transfer any and all information that we collect from the Website to an affiliate or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings).

Miscellaneous

These Terms and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us regarding the Website. Our failure to enforce any provision of these Terms shall not operate as a waiver of such provision. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity or enforceability of any remaining provisions.

Should you have any questions regarding these Terms, please contact us at support@mgmedpro.com and we will be happy to assist you.