Overview
The following terms of use (the “Terms of Use”) are a binding legal agreement between you and Sanara MedTech, Inc., a U.S. company based in Fort Worth, Texas, USA regarding your use of this website (“website”).
Depending on where you reside, some provisions of these Terms of Use may not apply to you. The provisions of these Terms of Use shall apply to the maximum extent permitted by applicable local law.
Acceptance of Terms
By using this Website, you signify your agreement to the Terms of Use and warrant that you possess the legal right and ability to use the Website in accordance with these Terms of Use.
If you do not agree to all of these Terms of Use, you must immediately cease use of the Website. Sanara MedTech reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Website following an update to these Terms of Use constitutes your acceptance of those updates.
Scope of Use
The Website and the information contained in reference herein are for general informational purposes only. We authorize you to make one electronic or paper copy of the information posted on any page on the Website, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Website. Any other reproduction or copying of any materials or design elements of the Website without the prior written consent of Sanara MedTech is strictly prohibited. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Sanara MedTech is prohibited.
You acknowledge and agree that all content included in the Website is owned, controlled, or licensed to Sanara MedTech and is protected by trade dress, copyright, trademark, service mark, patent, or other proprietary rights and laws. Except as expressly authorized by Sanara MedTech, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website in whole or in part. Any rights not expressly granted herein are reserved.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any Sanara MedTech server, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website or any other customer of Sanara MedTech to its source or exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information other than your own information, as provided for by the Website.
Termination of Access
We reserve the right, in our sole discretion, to terminate your access to all or part of the Website, with or without notice to you. You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, the provisions of these Terms of Use that, by their nature, are intended to survive termination or expiration shall continue to have effect.
Privacy and Confidentiality
The Sanara MedTech Privacy Policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated by reference. By accepting these Terms of Use, you agree to the collection, retention, and processing of your information by the Website as described in the Privacy Policy.
By using the Website, you acknowledge that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If you send any suggestions, inventions, modifications, improvements, concepts, ideas, or other feedback to us, we will have no obligation to protect or keep the idea confidential. You hereby grant Sanara MedTech a perpetual, irrevocable, worldwide, fully paid-up and royalty-free, transferable, and sub-licensable license to the feedback and all intellectual property and other rights therein to use, modify, develop, create derivative works based on, and otherwise exploit the Feedback in all forms, formats, and manners forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation, and/or approval to or from you or any other person or entity, subject to our Privacy Policy. You represent and warrant that you own or otherwise control all rights in and to any such Feedback and that our publication and use of your Feedback will not infringe the rights of any third party.
Purchases
By placing an order for goods or services through the Website, you represent that the goods or services ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
If you wish to purchase any products or services made available through the Website, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information. BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (I) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (II) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying such information, you authorize the use of such information in accordance with our Privacy Policy, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing.
Product Information
Sanara MedTech offers products to prevent and treat medical conditions, particularly medical conditions relating to wound care and infection. These products are regulated by U.S Food and Drug Administration.
Medical Advice
SANARA MEDTECH IS NOT A HEALTHCARE PROVIDER. Nothing contained on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment of your medical condition.
Specific questions pertaining to your medical condition and appropriate treatment should be directed to your health care provider. You should never disregard professional medical advice or delay seeking it because of something you have read on the Website.
IF YOU BELIEVE YOUR MEDICAL CONDITION IS URGENT OR LIFE-THREATENING, CONTACT YOUR LOCAL EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
Accuracy of Information
Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us at “contact us”. Link on the home page.
The Website may contain information, news, and/or press releases about Sanara MedTech. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Links to Third-Party Sites
The Website may contain links to websites owned or operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Sanara MedTech, and Sanara MedTech is not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of any Linked Site or the content displayed on or through any Linked Site, including, without limitation, any link contained on a Linked Site or any changes or updates to a Linked Site. Sanara MedTech is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by Sanara MedTech in favor of any company or any content, goods, or services promoted or offered on the Linked Site. Sanara MedTech accepts no responsibility for any loss or damage that may arise from your use of or reliance on any such companies, content, goods, or services. Sanara MedTech has no control over, and is not responsible for, your interactions with any third parties. Any transactions agreed upon between you and such third parties are agreements between you and the applicable third party, and Sanara MedTech is not party to any such transactions or agreements. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Links from Third-Party Sites
You may link to the Website, provided you do so in a way that is fair and legal. Sanara MedTech reserves the right to withdraw, without notice, your permission to link to the Website.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Specifically, you warrant that you will not: (i) use the Website in any manner that could damage, disable, overburden, or impair the Website or any user of the Website, or interfere with any other party’s use of the Website, or interfere with or damage any third party sites or systems; (ii) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Website or to intercept or expropriate any system, data or personal information from the Website; (iii) submit, upload, post or transmit any information, communications, or content of any type that (a) infringes or violates any rights of any party, (b) is false, inaccurate, misleading or fraudulent, or (c) violates any applicable law, statute, rule or regulation; (iv) remove any trademark or copyright notices contained in the Website or their contents; (v) use manual or automated means to trawl, mine, scrape, frame, or mirror the Website or content; (vi) disassemble, decompile or reverse engineer the Website or content; or (vii) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Website or Sanara MedTech’s or any third party’s systems, or gain any unauthorized access to such systems.
Equitable Relief
You acknowledge that any violation of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy. Therefore, in addition to other rights and remedies otherwise available by law, Sanara MedTech shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Sanara MedTech seeks any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
These remedies are in addition to any other remedies Sanara MedTech may have by law or in equity.
Disclaimer of Warranties
THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SANARA MEDTECH MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED OR REFERENCED IN THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT ALL ACCESS TO AND USE OF THE WEBSITE, ANY LINKED SITE, AND THE CONTENTS THEREOF ARE AT YOUR OWN RISK.
Limitation of Liability
NEITHER SANARA MEDTECH NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR CONTENT, OR ANY LINKED SITE, SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. SANARA MEDTECH RESERVES THE RIGHT TO ALTER THE CONTENT OF THE WEBSITE IN ANY WAY (INCLUDING REMOVING LINKS TO ANY LINKED SITES), AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. IN ADDITION, SANARA MEDTECH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH A LINKED SITE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SANARA MEDTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SANARA MEDTECH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ANY EXCLUSION OR RESTRICTION ON LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM SANARA MEDTECH’S NEGLIGENCE OR FRAUD WILL NOT APPLY IF IT IS PROHIBITED IN YOUR JURISDICTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
SANARA MEDTECH WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR SANARA MEDTECH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT
IN THE EVENT THAT ANY OF THE LIMITATIONS SET OUT IN THESE TERMS OF USE ARE INVALID OR NOT ENFORCEABLE, SANARA MEDTECH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Sanara MedTech and its directors, officers, agents, and employees from and against any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, arising out of Feedback you submit, post, or transmit through the Website, your use of the Website, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. You and Sanara MedTech expressly agree to submit to the exclusive jurisdiction and venue of the courts in Tarrant County, Texas, in all disputes arising out of or relating to the use of the Website and waive any objection to such jurisdiction or venue.
Severability and Integration
Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and Sanara MedTech and govern your use of the Website, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Sanara MedTech. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect.
No Waiver
The failure of Sanara MedTech to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Sanara MedTech as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of Sanara MedTech’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Sanara MedTech with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
