Please read these Terms of Use ("terms and conditions") carefully and completely before using abc-med.com (the "site") or any services or resources provided through or in connection with this site. By using, accessing, browsing the site and/or Service (as defined below), you ("User") expressly agree to be bound by these terms and conditions. The Service on, and accessible through, the site is available subject to User's acceptance of these terms and conditions.
Pursuant to 45 C.F.R.164.504 (d), Twenty Second Company Inc., hereby designates itself and its subsidiaries; ABC Medical Holdings, Inc., ABC Home Medical Supply, Inc., Southeast Medical, Inc., Mi-Med Supply Co., Inc., Freestate Medical Supply, MLK Associates, Inc., and Arkansas Medical Supply to be known as "the affiliates" and from time to time, as a single covered entity, solely for the purposes of the referenced regulations.
ABC Home Medical Supply Inc.'s ("ABC") health content describes general principles of health care that should not in any event be construed as specific instructions or medical advice for individual patients. This material is not intended as a substitute for medical advice, diagnosis, or treatment from a health care professional. It is for reference only and should not be used to determine treatment for specific medical conditions--only a health care professional can do that. The ABC systems, services and any information resources (collectively the "Service") are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. The Service may be out of date or inaccurate at any given time. ABC is under no obligation to update or correct such Service. ABC is not liable if for any reason the Service is unavailable for a period of time. ABC may suspend User’s access to the Service to allow for general maintenance or as otherwise needed. ABC reserves the right to modify these terms and conditions at any time by updating this website and User agrees not to require specific notice.
User understands and agree that neither ABC nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from User’s use of the contained on or accessible through the Service. The Service provided by ABC may include links to outside content. ABC does not warrant or guarantee the accuracy, accessibility, or fitness for purpose of outside content and ABC disclaims all liability and responsibility arising from any reliance User places on such outside content.
If User sends emails or other communications in connection with the Service, User consents to the review and analysis of such messages by ABC and for ABC to send return communications, if any, electronically. User agrees to accept all agreements, notices, disclosures and other any other communications that ABC provides to User electronically and declines to receive such communications in writing.
Subject to User's acceptance of these terms and conditions, ABC grants to User, solely for so long as User is permitted by ABC to use the Service, a limited, revocable, non-exclusive, non-transferable license to access, use and display the Service (including any content or other materials generally made available through the Service to users of the Service). No title, rights, or interests in any downloaded materials from the Service are afforded to User. User agrees to only use their account.
ABC owns the Service and all the content on the Service, including, but not limited to, text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of material. User has no obligation to provide ABC feedback relating to the Service, but any voluntary User feedback submitted to ABC may be freely used and commercialized by ABC. The Service and all Service content is subject to trademark, service mark, copyright, and/or other intellectual property rights held by ABC (and/or its suppliers and vendors). Any trademark or copyright notices may not be deleted or altered in any way. ABC’s trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of ABC. User acknowledges that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of any content available through the Service, or posting Service content or selected portions of Service content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of ABC is strictly prohibited.
User hereby agrees not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service, or to collect any information about site visitors or users of the Service, or otherwise systematically download and store Service content. User agrees not to send, upload, post, reproduce, transmit or distribute any communication, content or material of any type through the Service or otherwise to ABC that infringes or violates any rights of any party or violates these terms and conditions. Any unauthorized use by User of the Service and/or the intellectual property embodied therein may subject User to civil and criminal penalties.
User will provide ABC with accurate and complete information regarding the registration, maintenance, and use of the User account. As applicable, User is entirely responsible for password and account security and is wholly responsible for all activities that occur under their account. User will update username and/or password information if directed by ABC and will notify ABC immediately if User becomes aware of any security breach or unauthorized use of the User account. User shall be liable for losses incurred by ABC, or any other party, resulting from a User breach of security or misuse of User’s account and/or password information.
Certain non-public or trade secret material may be marked "confidential" or otherwise be provided in a manner that a reasonable person should understand to be confidential information of ABC ("Confidential Information"). For a period of five (5) years from the time User accessed Confidential Information, User may not disclose this Confidential Information to any third party. This restriction does not apply to any Confidential Information that is or becomes publicly available without a breach of these confidentiality obligations, was lawfully known to the receiver of the Confidential Information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed without using or referring to the Confidential Information of ABC. User may disclose Confidential Information if required to comply with a court order or law. Before doing so, User must seek the highest level of protection available and provide ABC enough prior notice, whenever possible, to provide a reasonable chance to seek a protective order.
User agrees to comply with all applicable laws regarding the Service. User further agrees that all information provided to ABC is truthful and accurate. User is wholly responsible to ensure that use of the Service is legal in the jurisdiction from which the User uses the Service.
User shall not misuse the Service introducing viruses, worms, corrupted files, Trojan horses, time bombs, cancelbots, logic bombs or other malicious material which is technologically harmful ("Malicious Material"). User agrees not to attempt to gain unauthorized access to the Service or any other ABC system connecting or supporting the Service. ABC will not be liable for any loss or damage caused by Malicious Material that may infect User equipment or network(s).
The Service and any other information provided by ABC are governed by the ABC Privacy Notice. Please review the ABC Privacy Notice at https://www.abc-med.com/privacy-notice.
These terms and conditions will be governed by and construed in accordance with the laws of the state Illinois, without giving effect to its conflict of laws provisions. Any claim or dispute arising out of or relating to these terms and conditions shall be subject to the exclusive jurisdiction of state or federal courts located in Lake County, Illinois. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. USER AGREES THAT USE OF THE SERVICE IS AT THEIR SOLE RISK. ABC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USER’S SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE.
UNDER NO CIRCUMSTANCES WILL ABC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICE, OR ANY OTHER INFORMATION PROVIDED BY ABC TO USER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE AND/OR INFORMATION IS TO CEASE ALL OF USE OF THE SERVICE.
User may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to User, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to User.
User agrees to defend, indemnify, and hold harmless ABC and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by ABC arising out of or based on any claim or threatened claim based on (a) User’s use of or access to the Service, or that of or any other person to whom you have provided access to User’s account; (b) User’s violation or breach of any of these terms and conditions; (c) User’s violation of any intellectual property rights of ABC or any third party; or (d) User’s disclosure or posting of any personal data (including but not limited to protected health information as defined under the Health Information Portability and Accountability Act).
ABC reserves the right to terminate User’s access to the Service (in whole or in part) at any time and without notice. The decision to terminate User’s access is exclusively at ABC’s discretion and can be for any reason whatsoever.
These terms and conditions constitute the entire agreement between ABC and User governing the use of the Service. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of the remaining provisions. Should User breach these terms and conditions and ABC takes no action, ABC shall still be entitled to use all rights and remedies and it shall not be deemed of waiver of any ABC rights or remedies. User agrees that any claim arising out of or related to these terms and conditions or the Service must be filed within one (1) year after it arose. Consequently, User agrees any claim brought outside this timeline shall be permanently barred. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.
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