Thank you for visiting the Wiggins Medical website, provided to you by Wiggins Medical. (“Wiggins Medical”). This document sets forth the terms and conditions that apply to your use of the Wiggins Medical website. If you do not accept these terms and conditions, then please do not use this Site.
This Site is owned by Wiggins Medical who, with its affiliates, provide this site and related services to you (the “user”, “you”, and “your”, as applicable), the user of this Site, only for your use and subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site and/or the goods and services associated therewith. Your use of this Site and the associated goods and services confirms your unconditional acceptance of these terms and conditions.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your use of the Site and any related goods or services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. Please cease using the Site if you do not agree to be bound by the revised terms and conditions.
General Use and Site License
3. This Site and its related goods and services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site. Any use of this Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site and/or any affiliated goods or services.
4. We grant you a limited, nonexclusive and revocable license to make use of the Site, including on any mobile devices you may own. You may view, copy, download or print materials from this Site for your own internal use. In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.
5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Wiggins Medical and its affiliates, or to make derivative use of the Site or its contents; (b) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (c) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (d) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (e) to violate or attempt to violate the security of the Site, (f) to interfere with or attempt to interfere with the proper working of the Site; (g) to alter or modify, or attempt to modify, any part of the Site; or (h) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means.
6. You agree not to use the Site for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of Wiggins Medical or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
7. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
Intellectual Property Rights
8. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Wiggins Medical or their suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on this Site is either the property of Wiggins Medical or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of Wiggins Medical and is protected by United States and International copyright laws.
9. The trademarks, logos, and service marks displayed on this Site are owned by Wiggins Medical and other third parties, and this Site’s trade dress is owned by Wiggins Medical. All trademarks not owned by Wiggins Medical are the property of their respective owners. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Wiggins Medical’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission.
10. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
11. If you voluntarily provide any contact information when using the Site, then we may use that information to communicate with you by mail, email, text, and/or telephone. If you wish to opt-out from receiving e-communications, please email [firstname.lastname@example.org] with the details of your opt-out request. Please allow up to 10 business days before the unsubscribe takes effect.
12. We are not responsible for typographical or other errors or omissions regarding products, services, or other information provided on this Site. All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers are available for a limited time as specified on the Site. Promotions and availability are subject to change without prior notice.
Links to Third Party Sites
13. This Site may contain links to third-party websites or other resources, over which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, unless expressly stated by Wiggins Medical. 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 or resources, and that we are 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 responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
14. Wiggins Medical provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Wiggins Medical, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
15. This Site, its content and any associated goods and services are provided on an “as is” and “as available” basis. Wiggins Medical makes no representations or warranties of any kind, express or implied, as to the operation of this Site, to the information, content, materials, or products included on this Site, or to the functionality of any goods or services associated therewith. Wiggins Medical does not warrant that the Site will operate error-free or that the Site and any applicable servers are free of computer viruses or other harmful goods or computer code that may be transferred to your computer when downloaded. To the fullest extent permitted by law, Wiggins Medical disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose.
16. By using this Site, you acknowledge that your use of the Site, including all associated content, data or software distributed by or accessed from or through this Site, and all associated goods and services is solely at your own risk. Wiggins Medical does not warrant or guarantee that its goods or services will provide any desired result or that its Site, servers or emails sent by or on behalf of Wiggins Medical are free of viruses, worms, or other harmful components.
17. Wiggins Medical will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this Site or the associated goods or services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if Wiggins Medical has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, Wiggins Medical will not be liable for any damage to your computer, telecommunication equipment or other property caused by or arising from your accessing or use of the Site or from your downloading of any materials from this Site or for any damages arising out of a third party’s unauthorized access to or use of your personal information stored on Wiggins Medical’s computers, and/or servers.
18. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
19. You agree to indemnify, defend and hold harmless Wiggins Medical, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the goods or services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder.
20. You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Wiggins Medical with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any goods or services offered in connection with the Site.
21. This Site is created and maintained by Wiggins Medical in the State of Ohio. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Wiggins Medical or its affiliates.
22. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Hamilton County, Cincinnati, Ohio and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
23. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
24. This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Wiggins Medical. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Wiggins Medical’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
25. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
26. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
Wiggins Medical Co
[2230 Park Ave Ste 202 Cincinnati OH 45206]