Terms & Conditions of Use

Welcome to Priority Medical Supply, Inc.’s website.  We maintain this website for your education, communication, and personal information.  Your use and access of this website is subject to the following terms and conditions of use.  Please read these Terms and Conditions of Use so that you  understand your rights and responsibilities.  By using or accessing this website, you are agreeing to these Terms and Conditions of Use.  Print print these Terms and Conditions of Use for your reference.

Do not use or access this website if you do not agree to these Terms and Conditions of Use.  Instead, you may contact Priority Medical Supply, Inc. via telephone or writing.

Priority Medical Supplies, Inc. reserves the right to change or amend these Terms and Conditions of Use at any time.  All changes are effective immediately on posting to this website.  Substantial changes will be posted conspicuously on this website.  By using and accessing this website after the posting of changes to the Terms and Conditions of Use, you agree to all such changes.

Site Information

Information displayed on this website may be modified without notice.  Priority Medical Supply, Inc. reserves the right to modify any information without any obligation to notify past, current or prospective website viewers.  Priority Medical Supply, Inc.’s services may not be available in all areas.  We make no representations that the information on this website are appropriate or available for use in any  other countries besides the United States or in any particular state.  Those who access our website are solely responsible for compliance with the laws of the state or country in which they reside.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Intellectual Property Rights

Copyright September 27, 2013.  All rights reserved.

All copyright able text, graphics, audio, video, photographs, clipart, charts,  icons, and the selection, design, and arrangement of content in any medium on this website are copyrighted by Priority Medical Supply, Inc. unless otherwise noted.  The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to Priority Medical Supply, Inc. appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Priority Medical Supply, Inc. or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Use of this Site

You may download and/or print one (1) copy of this website’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Priority Medical Supply, Inc.

No Liability

In no event shall Priority Medical Supply, Inc. or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Priority Medical Supply, Inc. has been advised of the possibility of such damages.  Your sole and exclusive remedy is to discontinue your access to and use of the website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

Priority Medical Supply, Inc.makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.  This website is provided by Priority Medical Supply, Inc. on an “AS IS” basis.  Priority Medical Supply, Inc. disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Priority Medical Supply, Inc. makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website.  Priority Medical Supply, Inc. does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement by uninterrupted, timely, secure or error-free.  Priority Medical Supply, Inc. shall have no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.  Priority Medical Supply, Inc. does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.  None of the parties involved in creating, producing, or delivering this website or its content, including without limitation Priority Medical Supply, Inc., shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from Priority Medical Supply, Inc. or in any manner from this website shall create any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to Priority Medical Supply, Inc..  Such links are provided only as a service to our visitors.  Priority Medical Supply, Inc. is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website.  Priority Medical Supply, Inc. has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites.  You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site.  You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL “www.prioritymedicalsupplyinc.com” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Priority Medical Supply, Inc.; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Priority Medical Supply, Inc.’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Priority Medical Supply, Inc. is associated with or sponsored by Priority Medical Supply, Inc.; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) Priority Medical Supply, Inc. reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions of Use or through other notice.

Privacy Policy

By your access and use of this website, you hereby agree to the terms of the Priority Medical Supply, Inc. Privacy Policy, which are incorporated into these Terms and Conditions of Use by this reference.

Indemnification

You agree to indemnify, defend and hold harmless Priority Medical Supply, Inc., its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms and Conditions of Use, including without limitation, your infringement of any intellectual property or other right of Priority Medical Supply, Inc. or any other person or entity.

Interpretation and Disputes

These Terms and Conditions of Use are governed by the laws of the United States and the State of California, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Stanislaus County, California with respect to any dispute arising under these Terms and Conditions of service, unless otherwise specifically agreed by Priority Medical Supply, Inc. in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms and Conditions of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms and Conditions of Use shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Copyright

Priority Medical Supply, Inc. respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Priority Medical Supply, Inc. the following information, in the form prescribed by Section 512 of Title 17, United States Code:

An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work or works that you claim have been infringed;

A description of the allegedly infringing material, including its location on the site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Entire Agreement

By your access or use of this website, you hereby agree to these Terms and Conditions of Use.  These Terms and Conditions of Use, together with the Priority Medical Supply, Inc. Privacy Policy constitute the entire agreement between you and Priority Medical Supply, Inc. with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms and Conditions of Use will be effective only if in writing and signed by Priority Medical Supply, Inc..  These Terms and Conditions of Use will inure to the benefit of Priority Medical Supply, Inc.’s successors and assigns.

Electronic Communications

You acknowledge that these Terms and Conditions of Use are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms and Conditions of Use and any other documentation, agreements, notices or communications between you and Priority Medical Supply, Inc. may be provided to you electronically.  Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms and Conditions of Use, please contact us at:

Priority Medical Supply, Inc.
1504 Colorado Ave.
Turlock, CA 95380
(866) 668-8723