Terms Of Use
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the med factory
These terms of use (these “Terms of Use”) define the relationship between The Med Factory, a California Corporation (the “Company” or “we” or “us”) and you, the person accessing the Med Factory website located at ThEMEDFACTORY.com or Company affiliate webstores to which these Terms of Use are posted (each of the foregoing hereinafter referred to as a “Site” and all websites to which these Terms of Use apply are collectively referred to as the “Sites”) and registering for our services (“you” or “your”). You may use the Services (defined below) only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United states or other applicable jurisdiction. If you are accepting these Terms of Use on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. If you cannot confirm the foregoing, then you must not accept these Terms of Use and may not use the Site or Services. You may use the services only in compliance with these Terms of Use and all applicable laws and regulations.
We may amend these Terms of Use at any time by posting the revised Terms of Use on the Sites. We may terminate these Terms of Use at any time by suspending or terminating access to the Sites and/or Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. Your continued use of the Site or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.
Table of Contents:
Services
By using the Sites, you can purchase linens, uniforms, casual and business apparel, mats and janitorial products (the “Services”). By setting up a corporate account, you can also utilize our Services to create custom uniforms and/or linens that can be purchased directly by your employees. As part of the Services, we also service and maintain the foregoing. We are always working on new ways to improve our Services. We reserve the right to modify or change our Site or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site or any Services.
If you are an employee accessing the Services through a Site that has been created specifically for your employer, please note that your access to the Site and Services may be governed or subject to criteria provided by your employer. As such, any issues related to your access to the Site, your user credentials or your purchases, should be directed to your employer’s human resources department.
Agreement with Respect to Terms of Use
These Terms of Use constitute a legally binding agreement between the Company and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time at: https://myaccount.themedfactory.com/pages/TheMedFactoryTermsOfUse.htm. Additional terms may govern use of certain Web pages within the Sites. In the event that any provision, term or guideline contained on a particular Web page in a Site conflicts with these Terms of Use, the terms of such Web page or section shall control over these Terms of Use. You acknowledge that you have read these Terms of Use and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms and Conditions, together with the Privacy Policy (as defined below) and terms governing any individual Web page, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written and any other communications between us relating to your access or use of the Site and/or Services.
Registration
Certain features or services offered on or through the Site may require you to open an account and set up a profile providing certain personally-identifiable information, including but not limited to a user name and password, your name, address, telephone number and a valid email address (collectively, your “Account Information”). We reserve the right to restrict certain areas of information on the Site to such registered users. You agree that you will maintain and promptly update your Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site and/or Services by you. We are committed to your privacy, and our privacy policy https://myaccount.themedfactory.com/pages/privacy.html (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect your Account Information and your privacy as you visit and use the Site and use our Services. You are solely responsible for maintaining the confidentiality of your user name and password. You agree to notify us immediately of any unauthorized use of your user name, password or account. The Company will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless the Company and its directors, officers, shareholders, employees, partners, parents, subsidiaries, agents, affiliates and licensors (collectively, “Affiliates”), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.
Use and Restrictions
Content and Materials
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. The Content and the Site are owned by the Company and its Affiliates and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of the Site or the Content may be copied, reproduced, republished, posted, publicly displayed, translated or distributed in any way. Subject to the limited rights to use the Site and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Site, the Content and Services, including all related intellectual property contained therein. Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk.
Certain features of the Services allow you to upload, publish, share or manage data or visual content with us, such as photos or illustrations of a logo that you would like added to your business’s uniforms or pictures or graphics that you would like displayed on a custom Site for the management of purchases made by your employees (collectively, “Materials”). By uploading or sharing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same or because you have the appropriate distribution rights, licenses, consents and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, modify, distribute and use Materials as we deem appropriate to perform the Services and in accordance with these Terms of Use. Your Materials are your sole responsibility.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or Material posted via the Services or endorse any opinions expressed via the Services.
Copyright Policy
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides in appropriate circumstances for the removal of any infringing Materials or Content and for the termination of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material or Content removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials or Content on our Site that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material or Content; (e) your address, telephone number and email address; (f) a statement that you have a good faith belief that use of the objectionable Materials or Content are not authorized by the copyright owner, its agent or under the law; and (g) a statement under pentalty of perjury that the information in the notification is accurate, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated copyright agent can be contacted via email at marketing@themedfactory.com or via telephone at (209)875-0224.
Links to Other Sites
The Site and Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon your Account Information or the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Permitted Uses
Subject to the provisions in these Terms of Use, you may use the Site for non-commercial purposes to (i) purchase goods or services offered as part of the Services; (ii) manage the linen, apparel and/or supply needs of your business and (iii) view and interact with the Content and Materials of the Site. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site and the Content and Services in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through the Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site may not be copied, modified, republished, assigned, sold or distributed to you nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Site and may not be used for any other purposes. You shall not reverse engineer, de-compile or otherwise translate, in any way, the Content and user interface made available from, on or through the Site. You have no right or claim of right to the Content or any unique ideas found on the Site. No ownership rights are granted to you hereunder, and no title is transferred hereby.
Prohibited Uses
You may not use the Site or Services for illegal or unlawful or malicious activities or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, impersonating or infringing the intellectual property of any third party. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site and Services, you may not, except as may be expressly set forth above under “Permitted Uses,” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; (f) “frame” or “mirror” any portion of the Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (h) harvest or collect information about or from other users of the Site or Services; (i) use the Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) transmit content that: is hateful, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.
Warranties, Disclaimers and Limitations of Liability
Your Warranties
You represent and warrant to the Company that (a) all information, including without limitation, Account Information, that you provide to us is accurate and truthful, (b) you have the authority to share Account Information with us and to grant us the right to use Account Information as provided in these Terms of Use and Privacy Policy, (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (e) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy or right of publicity of any person.
Disclaimer of Warranties
ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE sITE, THE SITE AND ALL PARTS THEREOF ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE managers, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE and NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND the CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SITE AND its CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY AND (5) THAT ACCESS TO OR USE OF THE SITE OR the CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND the CONTENT IS AT YOUR OWN RISK, AND THE COMPANY MAKES NO WARRANTIES.
Your reliance upon the information available on the Site or located through utilization of the Services is SOLELY AT YOUR OWN RISK. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site or Services will be operable at all times. We reserve the right to do any of the following at any time without notice: (1) to modify, suspend or terminate operation of or access to the Site and Services or any portion of the Site; (2) to modify or change the Site or Services or any portion of the Site or Services and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of the Site and/or provision of Services or any portion of the Site or Services as necessary to perform routine or non-routine maintenance, error correction or other changes.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.
Limitation of Remedies
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE OR THE CONTENT OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE AND ALL OTHER USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE CONTENT OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
Content and Materials
You will indemnify and hold the Company and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including but not limited to any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site and/or Services or your misuse or abuse of the Site and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site or Services; or (iv) our use of Materials generated or uploaded by you in accordance with these Terms of Use. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY Materials SUBMITTED, UPLOADED OR OTHERWISE PROVIDED BY YOU TO THE COMPANY AND/OR ITS THIRD PARTY VENDORS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Applicable Law
These Terms of Use are governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. Access or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms of Use or accessing or using the Site or the Content. The Company’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site or information provided to or gathered by the Company with respect to such use.
Interpretation
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: The Med Factory, 360 E. Almond Ave, Madera, CA 93637 or via email addressed to marketing@themedfactory.com, and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration) without your consent in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of our assets or to an affiliate or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Term and Termination
The term of these Terms of Use will continue for as long as we allow you access to and use of the Site and/or Services. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable,” “Interpretation” and “Indemnification” and this Section shall survive any termination or expiration of these Terms of Use.
Questions? Contact us at marketing@themedfactory.com, or by telephone at 1-(209)875-0224.
