Terms of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH AMERX OFFERS YOU ACCESS TO OUR SERVICES AND ONLINE PRODUCT ORDERING.

TERMS AND CONDITIONS OF SERVICE

Please read all of the following terms and conditions for this Amerx Health Care (Amerx) web site’s Terms of Service (TOS) before placing your order. By continuing to access or otherwise use this site, you signify your Acceptance of the TOS.

User Consent to the TOS:

You represent that you have read and agree to be bound by the TOS. You represent, warrant and covenant that you have the power and authority to enter into this agreement and that you are at least eighteen (18) years old.

Intellectual Property:

This Web site, including but not limited to text, content, photographs, video, audio and graphics, and goods is protected by copyrights, trademarks and/or other proprietary rights and laws of the U.S.

Registration and Account Creation:

As part of the registration and account creation process necessary to obtain access to certain portions of this website, you will select a username and a password. You will provide Amerx with certain registration information, all of which must be accurate, truthful, and updated. You shall not (1) select a username already used by another person; (2) use a username in which another person has rights without such person’s authorization; or (3) use a username or password that Amerx, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Amerx by submitting feedback of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

Disclosure of Information

Amerx does not sell your personal information to third parties. Amerx does not disclose you personal information to third parties other than in the following circumstances: (1) in connection with normal business operations to maintain our services to you; (2) to comply with applicable law;

Collection of Information

Amerx collects personally identifying information about you when you provide it. The information collected may include your name, address, telephone number and e-mail address, as well as other personal information prescribed by law for the purposes of our services.

Links to Other Web Sites

Our web site may contain links to other web sites. Amerx is not responsible for the privacy policy and privacy practices of such web sites.

Indemnifications.

1.1 Indemnifications by customer. Customer agrees to indemnify, defend and hold Amerx, its shareholders, agents, directors, officers, employees, representatives, successors and assigns harmless from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees and costs of suit arising out of use of services provided to you by Amerx. Such indemnification shall include, but not be limited to, loss of data, claims for libel, slander, infringement of copyright, theft or misappropriation of intellectual property, or unauthorized use of any trademark, trade name, or service mark.

1.2 Indemnification by Amerx. Except as otherwise herein provided, Amerx agrees to indemnify, defend and hold Customer harmless from and against any and all losses, claims, demands, damages, liabilities, costs of suit (but excluding consequential damages) arising from Amerx gross negligence in the course of providing service under this agreement.

Shipment of Orders:

Amerx supplies products only under these terms and conditions.

2.1 Customer (Shopper) accepts full liability for the use of all products and services supplied by Amerx. The Customer (Shopper) vows they will only use products as directed on Amerx packaging.

2.2 The Customer (Shopper) is completely responsible for the confirmation of their personal importation requirements.

2.3 The Customer (Shopper) confirms they are of legal age.

2.4 Amerx is not responsible for delays caused by reasons beyond its control but will provide tracking and assistance in such circumstances.

2.5 If Amerx ships the wrong products, or products have arrived in a damaged condition due to incorrect packaging, the package and products must be returned to Amerx for inspection. Contact Amerx to file a complaint and if the fault is identified and agreed, Amerx will reship the products a second and final time.

2.6 Amerx only guarantees a delivery if Customer (Shopper) has requested and paid for a “Registered Shipping Method”.

2.7 Amerx wound and skin condition information and tips provided are for customer information purposes and, all information is supplied on an educational basis only and does not in any way replace that of a physician’s.

2.8 Amerx has the right to alter methods of shipments or to refuse orders as it see fit.

3) Information Acquired:

All information and contents thereof obtained using Amerx Services and Products, tips and advice is the sole responsibility of the customer. Amerx, it’s shareholders or employees, will not be held responsible for any damages you or another party suffer as a result of our services and products. Transmission of any material in violation of any Canada and U.S., state or local regulation is strictly prohibited.

4) Cancelling:

4.1 If the Customer (Shopper) requests a change in an order before the products are shipped then changes can be made.

4.2 A cancelled order does not relieve you of liability for any outstanding funds which covers up to 10% of cost of package, included within is the restocking fee, processing fee, shipping and taxes. The same applies to International Orders.

5) Interruptions: Discontinuances:

Amerx is not, and will not be responsible for interruptions or discontinuances of service caused by factors beyond its control, including, but not limited to equipment failure, delays, negligence, strikes, or acts of God.

6) Amendments:

These Terms of Service supersede all prior and contemporaneous agreements or understandings, inducements or conditions, expressed or implied, between Amerx and the customer(s). Amerx reserves the right to change its rates and/or modify these Terms of Service without any notice.

7) Governing Law:

The TOS shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Pinellas County and Hillsborough County in the State of Florida with respect to any legal proceedings that may arise in connection with the service or from a dispute as to the interpretation or breach of the TOS.

8) Entire Agreement:

The TOS and any other terms and conditions of Service on this site, and its successor, constitute the entire agreement between you and Amerx and govern your use of the Service.

9) Linking and Framing Terms and Conditions:

You may not link to or frame this web site, or any portion thereof, except as provided herein.

9.1 Upon linking to this Web site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the Amerigel logo solely for providing a textual link from your Web site to Amerigel.com.