Browsing the Site
If you browse through the Site without entering any personal data, we will gather and store certain information about your visit. This information does not identify you personally and cannot be linked back to you unless you decide at some point to identify yourself. If you are only browsing, we collect the following information: IP address, the type of browser and operating system used to access our site, the date and time you access our site, the pages you visit (click-through), and if you linked to our website from another website, the address of that website as well as additional information related to your visit. We use your IP address to help diagnose problems with our server, and to administer the Site.
We collect the email addresses of consumers who communicate with us. Any information provided by consumers becomes our property once received by us and may be used and disclosed as permitted in this Policy.
We may share your personal information with our affiliated companies to identify products or services in which you may have interest, to improve our user experience and generally to engage in market research and for other internal business purposes. We may also aggregate your personal information with others’ information and prepare reports on site usage, purchase history or other factors for sale or distribution to others. Those reports are aggregated and include no personally identifying information. Finally, we may use your personal information to send you email or postal communications regarding products or services offered by us or by third parties with whom we have relationships in which we think you may be interested. We do not share, sell, trade or rent your personal information to third parties for unknown reasons. You may at any time choose not to receive promotional emails from us by contacting us at email@example.com. Notwithstanding the foregoing, we may continue to contact you for communicating information relating to this Site, as well as to facilitate, complete, or confirm any transaction that you may enter into or responding to your inquiry or request. If you prefer for us not to provide your name and email or postal address to third parties for direct marketing purposes, please contact us at firstname.lastname@example.org.
Use of Forums
This site has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control.
Contacting the Web Site
Product Terms & Conditions
KEY POINTS for Online Orders
All online orders are shipped within 72 hours, unless otherwise notified (during business days only).
Online Pricing is for US market only and all online orders are shipped domestically. No international shipping.
International customers may use freight/package forwarding services (3rd party).
ARMS Medical is not liable for any taxes, fees, damage, or loss resulting in the use of third party package forwarding services.
Sales Tax applies to Florida customers.
ARMS Medical may change information on this website, product availability, and pricing at any time without prior notification.
Accepted online payment methods: PayPal, Debit card, Credit card (debit/credit card payments are processed by PayPal)
For technical difficulties with the website or online ordering, please email email@example.com
TERMS AND CONDITIONS
Shipment. All shipments shall be FOB ARMS Medical’s Miami, FL facility or such other facility that ARMS Medical may designate. Effective October 10th, 2012, all customers have the option to pick up their order rather than have it shipped. By being given this option, the state of Florida allows ARMS Medical to not charge sales tax on the shipping.
Payment. Payment terms are Net 30 days. Prices are subject to change at any time at the sole discretion of ARMS Medical. All online orders require payment at the time of the transaction.
Claims. Customer shall have the obligation to examine each shipment of ARMS Medical Product, promptly upon Customer’s receipt thereof ; and, unless Customer notifies ARMS Medical in writing within five calendar days of delivery to Customer for the shipment in question, Customer shall be deemed to have waived all claims for shortage and non-conformities that Customer should reasonably have discovered as a result of the examination.
Credits and Returns. Customer may not return any ARMS Medical Product shipped hereunder without first obtaining ARMS Medical’s written authorization. Any product received as a result of an error made by ARMS Medical may be returned for replacement or credit. ARMS Medical may, at its sole discretion, authorize returns of Products not otherwise returnable under the terms of this agreement. In such cases, ARMS Medical shall issue Customer a credit for such returns, less fifteen percent (15%) restocking charge if within 30 days and less a twenty-five percent (25%) restocking charge thereafter. All returns and evaluations must be in sellable condition. ARMS Medical retains the right to refuse the return of Product that has been with the Customer for 90 days or longer.
Default. In the event Customer fails to provide payment of any sum to be paid hereunder, or fails to perform in accordance with any provision hereof, or should Customer become insolvent or file a petition in bankruptcy or insolvency proceeding, then, ARMS Medical may, at its option, declare Customer in default of its obligations hereunder and terminate this Agreement upon written notice to customer. In the event of such termination, Customer shall pay ARMS Medical a sum not to exceed all amounts owing hereunder. Notwithstanding the foregoing, ARMS Medical reserves all rights and remedies available at law or in equity against customer. Customer shall be liable for any and all costs, expenses, and damages, including without limitation reasonable attorney’s expenses, which ARMS Medical may sustain by default by Customer.
Specification and Warranty. All ARMS Medical products shall conform to applicable specifications therefore in effect from the invoice date to the end of the Warranty Period, and ARMS Medical reserves the right to change such specifications at any time with or without notice. The Warranty Period for ARMS Medical Products shall be as follows calculated from the date of invoice: Stainless Steel instruments (two years), Single Use Products (ninety days). ARMS Medical’s sole liability to Customer for nonconformity of any Products to the specifications, therefore, for any claim arising out of or in any way connected with the manufacture, sale, handling, or use of the Products, or for any other reason, shall be, at ARMS Medical’s sole option, limited to (i) the refund of the full purchase price for such Products, plus any invoice shipping charges, or (ii) replacement thereof, free of charge to Customer, with products conforming to the then current specifications, therefore. The parties agree that these remedies shall be exclusive. ARMS MEDICAL, AND ITS AFFILIATES, SHALL HAVE NO LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY KIND OR, EXCEPT AS PROVIDED ABOVE, FOR ANY CAUSE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MANUFACTURE, SALE HANDLING OR USE OF SUCH PRODUCTS, EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE FOREGOING PROVISIONS OF THIS PARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
Use of Product. Customer is solely responsible for the proper use of the Products. Customer understands that from time to time, ARMS Medical may provide Customer with opinions regarding the possible clinical use of the Products, the potential reimbursement regarding Products by third party payors, or possible methods of cleaning Products. Customer agrees that any such advice is advisory only and will not constitute instructions for use, representatives or warranties, or an inducement to make any claim for reimbursement from a third party payor. Customer will make an independent determination of such opinions.
Liability. Customer shall, and does hereby agree to, defend, indemnify and save ARMS Medical harmless of any and all loss, cost, expenses, claims (including without limitation, actual attorney’s fees), demands, actions, or proceedings arising out of, or in connection with this Agreement and the performance hereunder, unless caused by the sole negligence of ARMS Medical. Customer shall maintain adequate liability insurance with limits of at least $5,000,000 to satisfy the same.
Returns Good Policy
Goods will be accepted for return for the following reasons:
If shipment was made without Customer’s authorization;
If incorrect items were shipped;
If defective items were shipped;
If defective goods are covered by the standard warranty;
If the goods were sent on evaluation basis.
To return goods, contact a Customer Service Representative by telephone for an RGA (Returned Goods Authorization) number. The RGA # must also be clearly indicated on the outside of the returned package. Please have the following information:
Reason you wish to return the goods;
Quantity, description, product number;
Date of Receipt of Order;
Customer’s Purchase Order and the ARMS Medical invoice number;
All instruments that have been used must be cleaned and sterilized prior to shipment.
Shipment must be returned prepaid by Customer. Freight collect shipments will not be accepted.
If Customer intends to return equipment ordered in error, the following restocking charges and terms will apply:
25% within 90 days from date of shipment;
Goods must be returned unused, in the original carton, and in marketable condition;
Refurbishing and replacement charges will be added to the restocking charges for damaged or missing items;
No return after 90 days;
No refund on sterile, single-use disposable products
No refund will be made on customized instruments.
No refund on special ordered items that are not normal stock of ARMS Medical.
Send all Returns to:
3585 NE 207th Street, #815
Miami, Florida 33180 USA
TERMS AND CONDITIONS OF WEBSITE USE
By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site.
We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted. It is important that you review these Terms and conditions regularly to ensure you are updated as to any changes m. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supersede any such prior terms.
Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason.
You expressly agree not to:
Use this Site or its contents for any commercial purpose;
Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; and “frame,” “mirror” or otherwise incorporate any part of this Site into any other website without our prior written permission.
Content on the Site
The material on this Site is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site.
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
Strong, vulgar, obscene or otherwise harmful language,
Racially, ethnically or otherwise, objectionable language,
Harassing, intimidating, stalking or threatening other community members,
Libelous, defamatory or otherwise tortuous language,
Impersonation of another person,
Posting, distributing, transmitting or promoting illegal content,
Invasion of another’s privacy,
Actions that are hurtful to minors,
Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
Posting, providing, transmitting or otherwise making available any junk mail or spam, and
Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.
We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.
You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By displaying or posting content on the Site, you hereby grant us a nonexclusive global license to publish the content submitted by you to the Site. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to the Site. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained on the Site.
The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your license to use the Site if we determine in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
The Legal Department, ARMS Medical
3585 NE 207th Street, #815
Miami, Florida 33280 USA
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright,
patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site’s services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
You understand and agree that the Site is provided “As-Is” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract. If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, Miami. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Florida with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.