medmerid

TERMS AND CONDITIONS

1. BINDING AGREEMENT

By accessing this web site, you agree that these Terms and Conditions form a binding agreement between you and Medmerid. If you do not wish to be bound by these Terms and Conditions, do not use this web site. Medmerid reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the web site. Your continued use of this web site signifies that you agree to be bound by these Terms and Conditions as they are amended.

2. PROFESSIONAL SERVICES DISCLAIMER

The contents of the web site, such as text, graphics, images, information obtained, and other material (”Content”) is for informational purposes only. Any information furnished on this web site is not intended nor implied to be professional advice and is not intended to replace personal consultation with a qualified physician, pharmacist, other health care professional, an accountant, or an attorney, as applicable.

Medmerid has not examined all Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. Medmerid does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this web site. Your reliance upon information and Content obtained by you at or through this web site is solely at your own risk. We assume no liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the Content.

3. WARRANTY

You acknowledge that the information on the web site is provided “AS IS” for general information only. MEDMERID DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEB SITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. Medmerid reserves the right to change or discontinue at any time any aspect or feature of this web site.

4. LIABILITY

IN NO EVENT SHALL MEDMERID, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT WHETHER OR NOT MEDMERID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that in connection with the web site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Medmerid and its suppliers. Accordingly, Medmerid assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the web site.

Medmerid shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500.00. Any claims arising in connection with your use of this web site or any Content must be brought within one (1) year of the date of the event giving rise to such action. Your remedies are limited to those expressly provided for in these Terms and Conditions.

5. COPYRIGHT AND OTHER PROPRIETARY RIGHTS

The Content consists of copyrighted works proprietary to Medmerid, and/or its suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “Copyright (c) 2009 Medmerid. All Rights Reserved” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible Medmerid materials not expressly granted herein are expressly reserved to Medmerid. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.

6. POSTING

You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this web site, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant-or warrant that the owner of such content has expressly granted-Medmerid a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to include the work on the web site (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed).

7. LINKS

Medmerid may provide links on the web site, via advertising and otherwise, to other web sites that are not under the control of Medmerid. Medmerid does not endorse or make any warranty of any type regarding the content contained on such web sites or products and services offered therein. Your use of such web sites is at your own risk and Medmerid is not liable to you for any loss or damage you may suffer by your use of such web sites. You hereby waive any and all claims you may have against Medmerid regarding our inclusion of such links to third party web sites or your use of those web sites.

8. APPLICABLE LAW AND VENUE

By accessing this web site both you and Medmerid agree that the statutes and laws of the State of Illinois, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this web site, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and Medmerid also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of Illinois, with respect to such matters. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

9. SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

10. SURVIVAL

The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: Warranty, Liability, Applicable Law, Severability, Survival, and Venue, Indemnification, Conflict, and Complete Agreement.

11. WAIVER

Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.

12. INDEMNIFICATION

You agree to defend, indemnify and hold Medmerid, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this web site or the Content.

13. SERVICE AGREEMENT

These Terms and Conditions govern your general access of and use of the web site, however, your use of any other services offered by Medmerid or its affiliates is also governed by your agreement with Medmerid or its affiliates relating to the provision of such services (the “Service Agreement”). You must enter into an independent Service Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Service Agreement, the Service Agreement will control.

14. COMPLETE AGREEMENT

Except for the Service Agreement, if any, these Terms and Conditions contain the entire agreement between you and Medmerid relating to your use of this web site.

SERVICE AGREEMENT

1. BINDING AGREEMENT

In using this website you are deemed to have read and agreed to the Terms and Conditions.

By purchasing products or services from this website, you agree that this Service Agreement forms a binding agreement between you and Medmerid. If you do not wish to be bound by this Service Agreement, do not purchase products or services from this web site. Medmerid reserves the right to change this Service Agreement at any time; accordingly, you should review this Service Agreement each time you purchase products or services from this web site. Every purchase you make signifies that you agree to be bound by this Service Agreement as it is amended.

2. PRIVACY STATEMENT

We are committed to protecting your privacy. Only authorized employees within the company, on a need to know basis, use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Governmental laws have created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. Customers’ personal and/or identifiable information will be governed under our Privacy Policy (the “Privacy Policy”), which can be reviewed at http://www.medmerid.com/index.php/privacy-policy.

3. CONFIDENTIALITY

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our trusted affiliates or, if legally required to do so, to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

4. PAYMENT

Major Credit/Debit Cards are the only acceptable methods of payment. Our Terms are payment in full within one day. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing U.S. Prime rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Credit card chargeback’s will incur a $50 charge to cover banking fees and administrative costs. In an instance of a second chargeback, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

5. CANCELLATION POLICY

Minimum 24 hours notice of cancellation required for Service purchases. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $240 charge to cover any subsequent administrative expenses.

Cancellation for Product orders, including software and hardware purchases, must be made within 24 hours of initial purchase. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $150 charge to cover any subsequent administrative expenses

6. TERMINATION OF AGREEMENTS AND REFUNDS POLICY

Both the Client and Medmerid have the right to terminate any Service Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to Medmerid which constitute payment in respect of the provision of unused Services shall be refunded.

Configure-to-order, personalized or other customized products may not be returned for refund or exchange under any circumstances. If an item is returnable and you send it back to us unopened in the original box, Medmerid will offer you a refund based on your original method of payment. You must return the product to Medmerid within 14 calendar days of receipt of the item. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. Medmerid will assess a 10% restocking fee on any opened hardware or accessory. Medmerid may ask you to provide a major credit card (Visa, MasterCard, American Express, or Discover) to assess the 10% restocking fee.

Please note that Medmerid does not permit the return of or offer refunds for the following products:

* Product that is custom configured to your specifications, including personalized products

* Opened memory, including storage devices such as memory sticks (but excluding disc drives)

* Opened Software (If your software includes a license that you can read before you break the seal or sticker on the software media packaging, you may not return the software once you break the software media packaging seal or sticker.)

* Registered Lytec Software Products

* Electronic software downloads

* Software Up to Date Program Products (i.e., software upgrade subscription product)

* Gift Cards

* Membership Products and Technical Support

NOTE: Medmerid registers all new Lytec software products, for the Customer, with McKesson Corporation. Registered Lytec software is considered Opened Software, regardless of the condition of the box, media packaging, seals and/or stickers.

NOTE: Medmerid recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Medmerid or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.

7. AVAILABILITY

Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Medmerid. Medmerid does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Medmerid, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

8. FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

9. COMPLETE AGREEMENT

This Service Agreement, and the Terms and Conditions to which you have agreed, contain the entire agreement between you and Medmerid relating to your purchase of products or services from this web site.