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Terms of Use

Daylight Medical Inc. Website Terms of use and legal restrictions

Welcome to Daylight Medical.  We provide this website and its features to you subject to the following conditions.  If you visit or shop at Daylight Medical, you accept these conditions.  IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.  Please read them carefully. In addition, when you use any current or future Daylight Medical service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business.  If these conditions are inconsistent with such Terms, the Terms will control.

USE OF SITE:
Unless otherwise expressly permitted by Daylight Medical, Inc., Daylight Medical authorizes you to view and download the materials on this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Without the express written authorization of Daylight Medical you may not modify the materials on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, and, any use of these materials on any other website or networked computer environment for any purpose is prohibited.  The materials on this Site are copyrighted and any unauthorized use of these materials may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

PRIVACY:
Please review our Daylight Medical Privacy Notice that also governs your visit and use of the Daylight Medical site.

COPYRIGHT:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Daylight Medical or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Daylight Medical and protected by U.S. and international copyright laws. All software used on this site is the property of Daylight Medical or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS:
DAYLIGHT MEDICAL and other Daylight Medical graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Daylight Medical in the U.S. and/or other countries. Daylight Medical’s trademarks and trade dress may not be used in connection with any product or service that is not Daylight Medical’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Daylight Medical. All other trademarks not owned by Daylight Medical that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Daylight Medical.

DISCLAIMERS:
LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DAYLIGHT MEDICAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAYLIGHT MEDICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAYLIGHT MEDICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DAYLIGHT MEDICAL DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DAYLIGHT MEDICAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAYLIGHT MEDICAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT WILL DAYLIGHT MEDICAL, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DAYLIGHT MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
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 MIGHT HAVE ADDITIONAL RIGHTS.

YOUR ACCOUNT:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Daylight Medical only with involvement of a parent or guardian. Daylight Medical reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. By signing up to use our website, you allow us to send you periodic email product announcements and alerts. You may elect to unsubscribe from these emails.

APPLICABLE LAW:
By visiting Daylight Medical, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Daylight Medical.

DISPUTES:
Any dispute relating in any way to your visit to Daylight Medical or to products or services sold or distributed by Daylight Medical or through Daylight Medical in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $10,000 shall be adjudicated in any state or federal court in Cuyahoga County, Ohio, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY:
Please review our other policies, posted on this site. These policies also govern your visit to Daylight Medical. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time and without notice. 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 and enforceability of any remaining condition.

USE OF SOFTWARE:
Any software that is made available to download from this Site is the copyrighted work of Daylight Medical and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

USER SUBMISSIONS:
Daylight Medical does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. Daylight Medical will have no obligations with respect to the Communications. Daylight Medical and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Daylight Medical for the purpose of receiving products or services will be handled in accordance with the Daylight Medical online privacy statement. You are prohibited from posting or transmitting to or from this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

RISK OF LOSS:
All items purchased from Daylight Medical are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS:
Daylight Medical attempts to be as accurate as possible. However, Daylight Medical does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Daylight Medical itself is not as described, your sole remedy is to return it in unused condition.

PRICING:
Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Daylight Medical, we confirm the price of an item when you order and charge your credit card immediately upon initiating the fulfillment process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Products are shipped FCA from applicable vendor location.

GENERAL:
Daylight Medical administers this Site from its offices in Cleveland, Ohio. Daylight Medical makes no representation that materials, products or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials, products or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of laws.
Daylight Medical may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

OUR ADDRESS:
Daylight Medical, Inc.
17991 Englewood Drive, Suite A
Middleburg Heights, Ohio 44130  USA
Phone: 800-459-8500

GENERAL RETURNS POLICY:
You may return most new, unopened items sold and fulfilled by Daylight Medical within 15 days of delivery for a full or partial refund. Media for printers and other consumable items may not be returned. We'll pay the return shipping costs if the return is a result of our error. Items must be returned in their original product packaging. Email or call us and we will guide you through the process.

CALCULATING YOUR REFUND:
The following conditions and exceptions apply. If applicable, there may also product specific return allowances noted on the specific product page or as instituted by the manufacturer. In general, however, our intent is:

PARTIAL REFUNDS:
Any unopened non-media/consumable box within 15 days of delivery: 85% of item's price.
Any unopened non-media/consumable item in original condition that is returned more than 15 days after delivery: 75% of item's price.
Any unopened non-media/consumable product with a product specific refund policy will be credited in accord with the specific product refund policy as noted on the specific product page or as stipulated by the product manufacturer.
Opened box?  Contact us to address the specific situation.

RECEIVING A REFUND:
We'll initiate a refund after we receive and process your return. Expect your refund within 4 weeks of our receipt of your package (though in many cases you'll receive the refund sooner). We'll notify you via e-mail of your refund once we've received and processed the returned item.

HOW REFUNDS ARE ISSUED:
If you paid by credit card – credit is made to that credit card in 7 to 10 business days.
If you paid by purchase order – credit is made to your Daylight Medical account in 5 to 10 business days. Depending on account status, and at Daylight Medical’s discretion, a check may be made in lieu of a credit to account.
If you paid using a promotional certificate – no refund or credit is issued.