Apology in Advance for these Ridiculous (but necessary) Terms & Conditions
Thank you for visiting grogans.com. Most of the following is technical gobbledy-gook that overly conservative attorneys and web developers correctly advise as needed in our ridiculously over-litigious society. For that we apologize profusely as it contradicts one of our philosophical objectives of making the complex simple rather than the other way around. But attorneys rule, so please bear with us.
This website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Terms & Conditions"). Please read this document before accessing or using the grogans.com website. By accessing or using this website, you are agreeing to be bound by the Terms & Conditions. If you do not wish to be bound by the Terms & Conditions, you should not access or use the website.
Modification of these Conditions of Use
Grogan's Healthcare Supply reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible (sure, that is going to happen) for regularly reviewing these Conditions of Use and additional terms or notices posted on the grogans.com website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement
When you visit grogans.com or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of grogans.com or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Grogan's Healthcare Supply.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at firstname.lastname@example.org to notify us of this possible infringement.
Your submissions of any files including, but not limited to: resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Grogan's Healthcare Supply a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and %Grogan's Healthcare Supply. You also grant Grogan's Healthcare Supply the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
License and Website Access
Grogan's Healthcare Supply grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Grogan's Healthcare Supply. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Grogan's Healthcare Supply. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Grogan's Healthcare Supply without the express written consent of Grogan's Healthcare Supply. You may not use META tags or any other "hidden text" which utilize grogans.com, Grogan's Healthcare Supply or any other derivative of our domain, company name or registered trademarks without the express written consent of Grogan's Healthcare Supply. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of Grogan's Healthcare Supply so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that Grogan's Healthcare Supply cannot and does not guarantee or warrant that files made available for downloading through this website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through grogans.com are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY grogans.com AND ELINK DESIGN, INC (AS CONTRACTED DEVELOPER) ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER GROGAN'S HEALTHCARE SUPPLY OR ELINK DESIGN, INC MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GROGAN'S HEALTHCARE SUPPLY AND ELINK DESIGN, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GROGAN'S HEALTHCARE SUPPLY AND ELINK DESIGN DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ELINK DESIGN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GROGAN'S HEALTHCARE SUPPLY AND ELINK DESIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
GROGAN'S HEALTHCARE SUPPLY AND ELINK DESIGN USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. GROGAN'S HEALTHCARE SUPPLY AND ELINK DESIGN ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, GROGAN'S HEALTHCARE SUPPLY AND ELINK DESIGN SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY GROGAN'S HEALTHCARE SUPPLY AND ELINK DESIGN IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO GROGAN'S HEALTHCARE SUPPLY FOR A REFUND. ALL POSTAGE OR SHIPPING EXPENSES REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
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.
Third Party Links
Linked websites are not under the control of Grogan's Healthcare Supply and Grogan's Healthcare Supply is not responsible for the contents of any linked site or any link contained in a linked site. Grogan's Healthcare Supply provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Grogan's Healthcare Supply of the site.
By visiting the grogans.com website, you agree that the laws of the state of Kentucky, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Grogan's Healthcare Supply.
Any dispute relating in any way to your visit or access to grogans.com website or to the products or services you purchase through the grogans.com website, at the sole discetion of Grogan's Healthcare Supply, shall be submitted to binding arbitration in Fayette County, Kentucky, except that, to the extent you have in any manner violated or threatened to violate Grogan's Healthcare Supply's intellectual property rights, Grogan's Healthcare Supply may seek injunctive or other appropriate relief in any state or federal court in the state of Kentucky, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to these Terms & Conditions, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless Grogan's Healthcare Supply, Inc, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the grogans.com website.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Further, with respect to any particular or local rules on distribution of medical devices or restricted items that may be offered through grogans.com, buyer acknowledges their full compliance and rights to purchase for their intended use.
Grogan's Healthcare Supply's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Grogan's Healthcare Supply may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Requests and Address
Please send notices by e-mail to: email@example.com
(or) to our Mailing Address:
Grogan's Healthcare Supply
1016 South Broadway
Lexington, KY 40504
Copyright © 2014, Grogan's Healthcare Supply, All Rights Reserved.
Revision: January 1, 2014