Binding Agreement. These Terms are effective as of their posting on this Site. By accessing, signing in, or providing information through the Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access or use the Site. We reserve the right to make changes to this Site, our policies, and these Terms at any time. The materials appearing on the Site could include technical, typographical, or photographic errors, and the Site may be changed at any time to correct those errors. All changes are effective upon posting. Because these Terms may change from time to time, please check these Terms often.
Your Obligations. By using our Site, you affirm that you are of legal age to enter into these Terms. If you are not, your parent or guardian must consent to these Terms on your behalf, and your use of the Site confirms that they have provided that consent.
It is your responsibility to ensure that all information you provide is correct, current, and complete. If you create an account, you will keep your username and password confidential, and you agree to notify us immediately of any unauthorized access to or use of your username or password. You may not use another user’s account without such other user’s prior express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your transactions or any comments. You also agree
to use this Site only for lawful purposes and in accordance with these Terms.
Return Policy. Returns must be made within 30 days from the date of purchase. Products must be in their original unaltered packaging, unused, and in new salable condition. MDS reserves the right to deny a refund or charge a restocking fee if the returned product does not meet one or more of these criteria. For return requests and shipping instructions, please contact us here.
Disclaimer of Warranties, and Limitations on Liability. The content of this Site, such as text, graphics, images, and information obtained from manufacturers, suppliers, and other entities, is for informational purposes only. Information furnished on this Site is not intended nor implied to be advice and is not intended to replace personal consultation with a professional. We have not examined the content of the Site for accuracy, timeliness, completeness, appropriateness, or helpfulness, and we do not endorse any specific products or other information that may be mentioned on the Site. Your reliance on information obtained by you at or through this Site is solely at your own risk. THIS WEBSITE AND THE PRODUCTS SOLD THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT WARRANT THAT THE WEBSITE WILL BE FREE OF ERRORS OR MEET YOUR REQUIREMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS TO THE SAFETY, RELIABILITY, DURABILITY OR PERFORMANCE OF THE PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY ACT BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OR OMISSIONS OF THIRD PARTIES, UNAVAILABILITY OF SUPPLIES, EQUIPMENT FAILURE, WAR, STRIKES, LOCK- OUTS, FIRE, FLOOD, OR ANY OTHER ACT OF GOD, ANY LAW, REGULATION, ORDINANCE, OR OTHER ACT OR ORDER OF ANY COURT, GOVERNMENT, OR GOVERNMENTAL AGENCY, OR DELAYS, UNAVAILABILITY, ERRORS, OR OTHER FAILURES OF THE INTERNET OR OTHER DATA NETWORKS. IN NO EVENT WILL MDS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, DAMAGE TO COMPUTER SYSTEM, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. FURTHER, IN NO EVENT WILL MDS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS. WITHOUT LIMITING THE FOREGOING, YOUR RECOVERY FROM MDS SHALL BE LIMITED TO THE TOTAL FEES YOU HAVE PAID TO MDS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MDS AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS AND VOLUNTEERS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR USE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE.
Any claims arising in connection with our products or your use of the Site must be brought within one (1) year of the date of the event giving rise to such action or be forever barred.
If you are in a jurisdiction that does not permit the above limitations or exclusions of liability, then the limitation or exclusion shall apply to the greatest extent permitted by applicable law.
Intellectual Property. The content of the Site consists of copyrighted works proprietary to MDS, our licensors, or our suppliers. You may use the Site to investigate and complete purchase transactions, and you may download and print a single copy of the content of the Site for that purpose, provided that you may not alter content you download or print in any way, and you may not remove our copyright and proprietary rights notices. Any unauthorized use of the content of the Site is a violation of law. All product and service names, logos, and symbols used and displayed on the Site are registered and unregistered trademarks of MDS, its licensors, or its suppliers. Nothing on the Site should be construed as granting any license to use any trademark displayed on the Site without the prior written permission of the trademark owner.
Disputes, Applicable law. Your breach or any violation of these Terms may result in termination of your access to the Site. Any legal suit, action or proceeding arising out of or relating to these Terms shall be brought in the state or federal courts in Ottawa County, Michigan, and you consent to jurisdiction and venue in such courts. All matters relating to these Terms and any dispute or claim relating to your use of the Site or products purchased from MDS shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. This Site is controlled, operated, and administered by us and our service provider designees from offices within the United States of America. We make no representation that materials on this Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Site in violation of U.S. export laws and regulations. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
Interpretation of These Terms. If you have entered into a separate written agreement with us, the terms of that agreement shall also apply to you and shall supersede any conflicting language in these Terms. With the exception of any separate written agreement you have entered into with us, these Terms are the entire and exclusive agreement regarding your use of the Site. We reserve the right, in our sole discretion, to revise these Terms from time to time, or change, suspend, or discontinue the Site at any time. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Waiver of
compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of its authorized representatives.
Notices. You agree that we may contact you via email to notify you of updates, changes, and notifications required by applicable law.
Contact Information. If you have any requests, complaints, questions or concerns about us or about these Terms, please contact firstname.lastname@example.org