Welcome to curbellmedical.com (the “Site”), a website maintained by Curbell Medical Products, Inc. (“Curbell”). Your use of the Site is subject to the following terms and conditions:
We welcome you to browse through our website and see the vast array of materials and services that we have to offer.
Any use of the Site by you conclusively indicates that these terms and conditions have been reviewed and accepted by you.
These terms and conditions govern your access to the Site. If you use the Site to purchase products or services from Curbell, such purchase will also be governed by the terms and conditions relating to such purchase.
Any content contained on the Site (“Content”) is subject to change without notice. All right, title, and interest in any Content belongs to Curbell. You may access and use any Content for any legitimate business purpose; provided, however, that you may not use the Site or any Content for any purpose prohibited by Curbell, in its sole discretion, upon notice of such purpose from Curbell. Any access or attempt to access other areas of any computer equipment on which the Site is located or other information contained on such computer equipment for any purpose is prohibited.
Intellectual Property Rights
The Site contains trademarks and service marks owned by Curbell and also many third party trademarks and service marks. All such Curbell owned trademarks and service marks shall at all times remain the property of Curbell. Curbell owns all copyrights and other intellectual property rights in any Content. Access to the Site does not give you a right to copy or use any intellectual property of Curbell or others. You may only use such intellectual property as authorized in writing by Curbell or by their respective owners.
All other trademarks and service marks are property of their respective owners.
Curbell authorizes you to make a single copy of any Content for your learning about any services or products of Curbell. Except as set forth in the preceding sentence, you are not authorized to copy, display, distribute, download, modify, print, store, transmit, or use any Content.
You are authorized to use this Site and to view the linked web pages solely for legitimate business purposes to access the information provided by Curbell. Any access or attempt to access to any other areas or other information contained on the system for any purpose is strictly prohibited. You may not use any information contained on this Site other than in connection with a legitimate business purpose. By using this Site, you further agree not to disrupt or interfere with the security of this Site.
Content, Product and Service Information – Limitations We believe that all of the Content on this Site is accurate. HOWEVER, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE FITNESS AND USEFULNESS FOR YOUR PARTICULAR PURPOSE AND NEEDS OF ANY CONTENT, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS SITE. Products and services are subject to change without notice. Curbell does not guarantee that products or services listed online will be available at the time of your order. All information on the Site is subject to the disclaimers below.
All statements, technical information, and recommendations contained on this website are presented in good faith, based upon tests believed to be reliable and practical field experience. The reader is cautioned, however, that Curbell, Inc. cannot guarantee the accuracy or completeness of this information, and it is the customer’s responsibility to determine the suitability of specific products in any given application.
YOU AGREE THAT THE USE OF THIS SITE AND ITS CONTENT IS AT YOUR SOLE RISK.
THE SITE AND ALL CONTENT IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, CURBELL DOES NOT WARRANT OR REPRESENT THAT (A) ANY USE OF THE SITE OR ACCESS TO ANY CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, (B) DEFECTS IN THE SITE OR ANY CONTENT WILL BE CORRECTED, (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (D) ANY CONTENT IS ACCURATE, CORRECT, OR COMPLETE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, CURBELL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CURBELL ASSUMES NO RESPONSIBILITY FOR AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS SITE INCLUDING THE USE AND DOWNLOAD OF ANY CONTENT.
CURBELL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
UNLESS STATED IN WRITING BY CURBELL, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURBELL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY.
SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Site may from time to time be linked to other web sites that are not maintained by Curbell. Curbell is not responsible for any content contained on such other web sites or otherwise with respect to such other web sites. No link from the Site to another web site, or from another web site to the Site, is an endorsement, sponsorship, or recommendation by Curbell of such other web site. Curbell will have no liability to you arising from any link from another web site to the Site or from the Site to another web site.
All comments, graphics, ideas, and other information provided by you to Curbell through the Site will become the property of Curbell without any compensation to you. To the extent you are requested to provide any information to Curbell while using the Site, such information must be accurate and complete in all respects.
Curbell may collect information (including, but not limited to, addresses, phone numbers, and length of time spent by you on the Site) from you and your use of the Site for many purposes. You consent to Curbell’s using such information for any lawful purpose (including, but not limited to, improving Content and statistical analysis).
Misuse of Information
Curbell will use reasonable precautions to protect any information provided by you to Curbell through the Site from misuse. However, Curbell does not guaranty that any such information is secure from misuse and Curbell will not have any liability to you for any misuse of such information.
Limitation on Liability
CURBELL WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY CURBELL.
You will indemnify and hold harmless Curbell from and against all costs, damages, expenses and losses incurred by Curbell (including, but not limited to, fees, and disbursements of counsel to Curbell) in connection with your use of the Site or any Content, except to the extent such costs, damages, expenses, and losses are incurred by Curbell solely due to the negligence of Curbell.
Termination and Modification
Curbell may at any time terminate the Site or modify any Content without notice to you and without any liability to you for such termination or modification.
You may send notices to Curbell at email@example.com. Any such notice will be effective upon actual receipt by Curbell. Curbell may send notices to you through e-mail, regular mail, or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of such notice being posted on the Site.
These terms and conditions (a) may be amended by Curbell at any time without notice to you, or by you and Curbell in a writing executed by you and Curbell, (b) inure to the benefit of and are binding upon you and Curbell and each of your and Curbell’s successors and assignees, except that you may not assign any of your obligations under such terms without first obtaining the written consent of Curbell, (c) shall be governed by, and interpreted and enforced in accordance with, the internal law of the State of New York, without regard to principles of conflict of laws, and (d) constitute the entire agreement between you and Curbell with respect to the subject matter of this Agreement, and supersede all prior oral and written proposals, representations, understandings and agreements. You and Curbell will submit any dispute relating to the Site, any Content or these terms and conditions exclusively to a federal or state court located in the county of Erie, New York and consent to its being a proper venue for such dispute.
To speak with a Curbell representative, dial toll-free 1-800-235-7500