The following terms and conditions (the or these "Terms") govern the sale by Pulmonary Lab Group, Inc., a California corporation (carrying on business as "PulmoLab.com") to you (the "Customer" or "you") of the products and services (the "Product" or "Products") offered for sale by PulmoLab.com. Please take the time to read and understand them because if you purchase any of the Products from this website, you will be bound by these terms. By placing an order for the purchase of Products from this website, you agree to be bound by and accept these Terms. You represent, warrant and agree that you are over the age of eighteen (18) years and that you have adequate legal capacity to enter into this Agreement. We reserve the right to refuse service.
1. OTHER DOCUMENTS.
These Terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for a Product or Products that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and PulmoLab.com. PulmoLab.com may, in its sole discretion at any time and from time to time, change these terms and conditions as they relate to future sales or deliveries without prior notice. If you do not agree with the modified terms and conditions, your only remedy is to refrain from purchasing Products from this website.
2. GOVERNING LAW.
These Terms will be governed by and construed in accordance with the laws of the State of California and the laws of the United States of America, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and be subject to the exclusive personal jurisdiction of the Superior Court of the State of California for the County of Los Angeles. The parties submit to the exclusive jurisdiction of such courts to adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.
4. ORDERS, PRICES, PAYMENT TERMS, INTEREST. Orders are not binding upon PulmoLab.com until accepted by PulmoLab.com in writing. The prices for the Products shall be as set forth on this website. However, prices for Products are subject to change without further notice. Notwithstanding, once a Customer has received an email from PulmoLab.com confirming that an order from a Customer has been accepted, the price for the Product will not change. Credit terms are within PulmoLab.com's sole discretion and unless otherwise specified in its invoice, payment must be received by PulmoLab.com upon its receipt of an order and before shipment of such order to the Customer. Payment for the Products will be made by a credit card accepted by PulmoLab.com. Personal checks are not accepted. If credit terms have been agreed to by PulmoLab.com, invoices are due and payable within thirty days after the date of the invoice. Customer agrees to pay interest on all amounts past due at the maximum rate per annum allowed under California law.
5. SHIPPING CHARGES, TAXES.
Separate charges for shipping, handling, sales tax and all other taxes associated with the order (other than charges on PulmoLab.com's net income), are as shown on this website and are charged to the Customer.
Title to the Products sold on this website pass from PulmoLab.com to the Customer at the time the Product leaves the point of shipment to the Customer. Customer shall be responsible for all loss or damage to the Product that occurs during shipping. Ship dates are estimates only. PulmoLab.com is not liable for delays in shipment or failure to ship by the estimated ship date.
7. LAWFUL PURPOSES.
You may place orders for lawful purposes only. You may not use a Product ordered from PulmoLab.com for an unlawful purpose or in any manner that would give rise to criminal or civil liability.
THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT TO THE MAXIMUM EXTENT PERMITTED BY LAW. PULMOLAB.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PULMOLAB.COM HAS NO RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, ALL CLAIMS, INCLUDING WITHOUT LIMITATION, CLAIMS FOR REPLACEMENT OF A PRODUCT OR FOR RETURNS OF THE PRODUCT AND RETURN OF THE PURCHASE PRICE TO THE CUSTOMER, MUST BE NEGOTIATED DIRECTLY WITH THE MANUFACTURER.
9. RETURN POLICY AND WARRANTY INFORMATION
By submitting an order for the purchase of any Products from PulmoLab.com, the Customer consents to its Return And Warranty Policy separately published on this website. Such Policy is incorporated herein by this reference as if set forth at length and Customers of this website, by placing an order, shall have agreed thereto. PulmoLab.com reserves the right to amend such Policy from time to time by posting the updated policy on this website. The Customer agrees to review the Return and Warranty Policy each time the Customer submits an order for a Product and shall not submit an order for any Product if the Customer is not in agreement with such Policy posted on this website at that time.
PulmoLab.com may discontinue the sale of any of its Products at any time without prior notice.
11. LIMITATION OF LIABILITY.
A. PULMOLAB.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS THAT HAVE BEEN PURCHASED OR ARISING OUT OF THE USE OR INABILITY TO USE PULMOLAB.COM'S WEBSITE OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULMOLAB.COM WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, BREACH OF ANY TERM HEREOF.
B. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER PULMOLAB.COM NOR ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY "PULMOLAB.COM AND ITS AFFILIATES") WARRANT THAT YOUR USE OF THIS WEBSITE OR THE FEATURES, OFFERINGS AND CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, PULMOLAB.COM AND ITS AFFILIATES.
C. PULMOLAB.COM AND ITS AFFILIATES MAKE AVAILABLE THEIR PRODUCTS AND SERVICES ON THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
D. THE DISCLAIMERS OF LIABILITY BY PULMOLAB.COM AND ITS AFFILIATES CONTAINED IN THESE TERMS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY OF (I) FAILURE OF PERFORMANCE, (II) ERROR, (III) OMISSION, (IV) INTERRUPTION, (V) DELETION, (VI) DEFECT, (VII) DELAY IN OPERATION OR TRANSMISSION, (VIII) COMPUTER VIRUS, (IX) COMMUNICATION LINE FAILURE OR (X) THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA AND/OR ANY OTHER RECORD POSTED ON THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PULMOLAB.COM AND ITS AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
E. IN NO EVENT WILL PULMOLAB.COM AND ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTION THE PRODUCTS AND SERVICES OFFERED BY PULMOLAB.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS AND/OR SERVICES PROVIDED BY PULMOLAB.COM AND ITS AFFILIATES OR ARISING OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL PRODUCTS AND SERVICES PROVIDED BY PULMOLAB.COM AND ITS AFFILIATES TO A USER OF THIS WEBSITE. THE LIABILITY OF PULMOLAB.COM AND ITS AFFILIATES SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO PULMOLAB.COM AND ITS AFFILIATES BY SUCH USER.
F. PULMOLAB.COM AND ITS AFFILIATES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT OFFERED THROUGH THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL PULMOLAB.COM AND ITS AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON THE THIS WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
G. PULMOLAB.COM AND ITS AFFILIATES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. PULMOLAB.COM AND ITS AFFILIATES MAKE PRODUCTS OR SERVICES AVAILABLE ON THIS WEBSITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
The Customer acknowledges that the Products sold hereunder are subject to applicable export control laws and regulations.
13. ENTIRE AGREEMENT.
Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and PulmoLab.com pertaining to the subject-matter of these terms and conditions, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and PulmoLab.com. In the event of conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
The section headings used herein are for convenience of reference only and do not form a part of these Terms and no construction or inference shall be derived therefrom
16. FORCE MAJEURE.
PulmoLab.com shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back orders of requested Products, mail delays, customs delays and lost shipments. PulmoLab.com shall not be responsible to notify the Customer in the event of such delays. Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases shall be borne by Customer alone and not PulmoLab.com.
You agree to defend, indemnify and hold harmless PulmoLab.com and its respective shareholders, directors, officers, employees, agents, successors and assigns, from and against all claims and expenses, including attorneys' fees, arising out of, directly or indirectly, any order placed by you on this website.
PulmoLab.com has the right to terminate your access to this website for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms or breach of any other terms and conditions or operating rules applicable to you with respect to your purchase of Products through this website. PulmoLab.com may, but shall be under no obligation to, provide you a warning prior to termination of your use of its website.
All trademarks appearing on this website are the property of their respective owners.
20. ELECTRONIC DELIVERY POLICY.
PulmoLab.com, as an online business, transacts with its Customers electronically. WHEN YOU ORDER A PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM PULMOLAB.COM ANY ORDER CONFIRMATION, PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY "NOTICES"). You agree that PulmoLab.com generally can send you electronic NOTICES to the email address that you provide to it. You agree that as long as you are able to access and use this website, you will have the necessary software and hardware requirements to receive electronic NOTICE from it. The delivery of any NOTICE from PulmoLab.com is effective when sent by it, regardless of whether you read the communication when you receive it or whether you actually receive it.
21. SURVIVAL OF PROVISIONS.
All provisions of this Agreement shall survive the delivery of a Product or Products ordered through this website.
22. YOUR LICENSE TO PULMOLAB.COM.
You hereby grant to PulmoLab.com a worldwide, royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any email sent by you to PulmoLab.com through this website (in whole or in part) and/or to incorporate such content in other works in any form, media or technology now known or later developed.
23. PULMOLAB.COM'S LICENSE TO YOU.
PulmoLab.com provides you with a non-exclusive limited license to access its website in accordance with these Terms and the rules that it may establish and modify from time to time, which you agree to observe. You may not sublease, or charge others to use or access this website without first obtaining written permission from PulmoLab.com. PulmoLab.com grants to you a non-exclusive, limited license to access and utilize the services provided by PulmoLab.com in accordance with this Agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from PulmoLab.com's website or any of the content, computer programs, materials, and codes included in the infrastructure for this website.
24. PROPRIETARY RIGHTS.
This website contains copyrighted material, trademarks and other proprietary information, including or which may include, text, software, photos, video, graphics, music and sound, and the entire content of the website is copyrighted as a collective work under the United States copyright laws. PulmoLab.com and its Affiliates may own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of this website or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from this website without the prior express written permission of PulmoLab.com, the copyright owner, and the trademark owner. No portion of the content on this website may be stored in a computer except for personal and non-commercial use.
PulmoLab.com has the right, but not the obligation, to monitor the content of this website and its other properties to determine compliance with these Terms and any other operating rules that may be established by PulmoLab.com from time to time. PulmoLab.com has the right in its sole discretion to edit, refuse to post or remove any content or other material submitted to or posted on this website. Without limiting the foregoing, PulmoLab.com has the right, but not the obligation, to remove any content or other material that it, in its sole discretion, finds to be in violation of the provisions of these Terms, otherwise objectionable or stale. Users of this website shall remain solely responsible for the content of their messages. You acknowledge and agree that PulmoLab.com and its Affiliates do not assume or have any liability for any action or inaction by PulmoLab.com and its Affiliates with respect to this website. PulmoLab.com and its Affiliates do not assume or have any liability for any action or inaction by PulmoLab.com with respect to any conduct of a user of this website.
26. NO ENDORSEMENT.
This website may contain links to other websites, resources and advertisers. PulmoLab.com is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall PulmoLab.com or any of its Affiliates be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to the administrator or webmaster of such external sites.
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