This website (“Site”) is provided by Corr Medical Solutions, Inc. (“Corr”) and shall be used for informational purposes only. By using the Site, you (“Customer”) agree to abide by the Terms and Conditions of Use (“Terms”) set forth herein. If you do not agree to abide by these terms and conditions do not use this Site.
Legal Use. Customer shall use the Site in a way that complies with all applicable state and federal laws, regulations, treaties, and other regulatory or compliance frameworks applicable to the Site (collectively, the “Regulations”). Customer expressly represents that its use of the Site complies with the Regulations.
Site Content. While the information provided on the Site is believed to be accurate, it may include errors or inaccuracies. All photographs and illustrations are considered to be a representation of the actual item. In some cases there may be slight variations. Corr is not responsible if the content that it make available on the Site is not accurate or complete. Any reliance upon the material on the Site shall be at Customer’s own risk. Customer agrees that it shall retain sole responsibility to monitor any changes to the material and the information contained on the Site.
Limited Warranty. EXCEPT AS OTHERWISE PROVIDED HEREIN, CUSTOMER UNDERSTANDS AND AGREES THAT THE PRODUCTS ORDERED BY CUSTOMER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BY CORR. CUSTOMER ACKNOWLEDGES THAT CORR DOES NOT MANUFACTURE ANY PRODUCT PURCHASED BY CUSTOMER; AND CORR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRNATIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER IS SOLELY RESPONSIBLE FOR ORDERING THE ITEMS PURCHASED HEREUNDER AND EXPRESSLY ACKNOWLEDGES AND AGREES THAT CORR HAS NOT ADVISED CUSTOMER TO PURCHASE OR REFRAIN FROM PURCHASING ANY PARTICULAR PRODUCT. TO THE EXTENT LEGALLY POSSIBLE AND AS MAY BE PERMITTED BY MANUFACTURER, CORR SHALL PASS ALONG ANY WARRANTY FROM MANUFACTURER TO CUSTOMER. OTHER THAN TRANSFERRING ANY WARRANTY AS PROVIDED FOR IN THIS SECTION, TO THE EXTENT APPLICABLE, CORR SHALL HAVE NO FURTHER OBLIGATION TO CUSTOMER WITH RESPECT TO ANY PRODUCT OFFERED OR DELIVERED TO CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY SERVICE OR REPLACEMENT NEEDED FOR ANY DEFECTIVE OR DAMAGED PRODUCT DELIVERED TO CUSTOMER BY CORR WILL BE THE SOLE RESPONSIBILITY OF THE MANUFACTURER AND THAT CORR SHALL HAVE NO FURTHER OBLIGATION WITH RESPECT TO SUCH DAMAGED OR DEFECTIVE PRODUCTS. ANY RETURNS SHALL BE WITHIN THE SOLE AND ABSOLUTE DISCRETION OF CORR AND MAY BE SUBJECT TO A RESTOCKING FEE.
Limitation of Liability. IN NO EVENT WILL CORR BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, PROFITS, OR COST OF COVER ARISING OUT OF, OR RESULTING FROM THE PRODUCTS SOLD BY CORR, THIS AGREEMENT OR ANY ORDER REGARDLESS OF THE LEGAL THEORY OF RECOVERY, EVEN IF CORR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CORR’S MAXIMUM CUMULATIVE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIMS WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY CORR OR THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO CORR FOR THE PRODUCT(S).
Third Party Sites. Corr may provide links to websites operated by other entities. Should Customer use these sites, Customer will leave this Site. If Customer decides to visit any linked site, Customer does so at its own risk. Corr makes no warranty or representation regarding, and does not endorse, any linked website(s) or the information appearing thereon or any of the products or services described thereon.
Choice of Law. These Terms and the use of the Site by Customer shall be governed by, construed and enforced in accordance with the laws of Nebraska without giving effect to its conflict-of-laws principles. Customer agrees that any legal action involving this Agreement in any way will be instituted in a court of competent jurisdiction located in Douglas County, Nebraska, and Customer consents to jurisdiction of the courts of the State of Nebraska over Customer’s person for purpose of such legal action.
Indemnification. Customer shall indemnify and hold Corr harmless from any and all third party claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys’ fees, which arise out of or result from use of the Site or a breach by Customer of the Terms.
Changes. Corr reserves the right to change, modify, add, or remove any portion of these Terms in whole or in part, at any time at its sole discretion. Changes in these Terms will be effective when notice of such change is posted to the Site. Customer’s continued use of the Site after any such changes are posted shall be considered acceptance of those changes.