Terms and Conditions - Nancy Morgan

Terms of Use

No part of these materials may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without the express written permission of Nancy Morgan Wound Care.

September 2020

Nancy Morgan (“Nancy Morgan Wound Care ”) welcomes you to its website. By using or visiting our website, you are agreeing to the following terms and conditions as well as the Nancy Morgan Wound Care Privacy Policy. If you do not agree to any of these terms, then please do not use our website as your continued use shall constitute your acceptance of our Terms of Use.

This website is intended for use by the public for viewing and retrieving information only, or for posting content through the chat or threaded discussion modules. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. These Terms of Use apply to all users of the website, including users who are also contributors of any content, photographs, articles, information, and other materials or services on the website. Our website may contain links to websites that are not owned or controlled by Nancy Morgan Wound Care. Nancy Morgan Wound hare has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Nancy Morgan Wound Care will not and cannot censor or edit the content of any third-party website. By using our website, you expressly assume individual responsibility and relieve Nancy Morgan Wound Care from any and all liability arising from your use of any third-party website. Nancy Morgan Wound Care hereby grants you permission to use our website provided that you do not copy or distribute any part of our website without Nancy Morgan Wound Care’s prior written authorization, and you otherwise comply with the terms and conditions of these Terms of Use.

Intellectual Property Rights

The content on our website, except all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are the property of Nancy Morgan Wound Care and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Nancy Morgan Wound Care and is protected by the U.S. and international copyright laws. Content on our website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nancy Morgan Wound Care reserves all rights not expressly granted in and to our website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Nancy Morgan Wound Care that your copyrighted material has been infringed. The preceding requirements are intended to comply with Nancy Morgan Wound Care’s rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Nancy Morgan Wound Care has adopted a policy of terminating, in appropriate circumstances and at Nancy Morgan Wound Care’s sole discretion, members who are deemed to be repeat infringers. Nancy Morgan Wound Care may also at its sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

User Conduct

By using, viewing or accessing the Nancy Morgan Wound Care website, you expressly agree to not use the website to:

i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions;

iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

vii) upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

viii) interfere with or disrupt our website, servers, or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;

ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or “stalk,” “prey upon,” or otherwise harass another.

Prohibited Uses

As a condition of your use of our website, you agree that you will not use our website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden, or impair any Nancy Morgan Wound Care’s server, or the network(s) connected to any Nancy Morgan Wound Care’s server, or interfere with any other party’s use and enjoyment of our website. You may not attempt to gain unauthorized access to our website, other accounts, computer systems or networks connected to any NANCY MORGAN WOUND CARE server or our website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by Nancy Morgan Wound Care without restriction.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NANCY MORGAN WOUND CAE , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NANCY MORGAN WOUNCARE MAKESES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NANCY MORGAN WOUND CARE WEBSITE. NANCY MORGAN WOUND CARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NANCY MORGAN WOUND CARE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NANCY MORGAN WOUND CAREWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL NANCY MORGAN WOUND CARE , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SGE INTERNATIONAL , LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NANCY MORGAN WOUND CARE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Our website is controlled and offered by Nancy Morgan Wound Care from its facilities in the United States of America. Nancy Morgan Wound Care makes no representations that our website is appropriate or available for use in other locations. Those who access or use our website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

Disclaimer and Limitation of Liability as to Products Sold

All of Nancy Morgan Wound Care´s products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, Nancy Morgan Wound Care makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Except as expressly stated herein, Nancy Morgan Wound Care expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Nancy Morgan Wound Care arising from any product sold by Nancy Morgan Wound Care shall be the price of the product ordered. In no event shall Nancy Morgan Wound Care, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to any product(s) sold.

Indemnity

By using, viewing, or accessing the Nancy Morgan Wound Care website, you agree to indemnify and hold Nancy Morgan Wound Care and its officers, directors, agents, subsidiaries, joint ventures, and/or employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use the Nancy Morgan Wound Care Privacy Policy, or your violation of any law or the rights of a third-party.

Advertisers or Sponsors

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Nancy Morgan Wound Care shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our website.

Acceptance of Terms of Use

You affirm that you are: i) at least 18 years of age; ii) an emancipated minor; or iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and the Nancy Morgan Wound Care Privacy Policy, and to abide by and comply with such terms, conditions and obligations.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Nancy Morgan Wound Care shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Nancy Morgan Wound Care shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Nancy Morgan Wound Care shall immediately issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Nancy Morgan Wound Care reserves the right at any time after receipt of your order to accept or decline your order for any reason. Nancy Morgan Wound Care reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Further, Nancy Morgan Wound Care may require additional verifications or information before accepting any order.

Modifications

Nancy Morgan Wound Care reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our website, or any part thereof, with or without notice. You agree that Nancy Morgan Wound Care shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.

General

By using, viewing or accessing the Nancy Morgan Wound Care website, you agree that: (i) our website shall be deemed solely based in Nevada; and (ii) our website is a passive website that does not give rise to personal jurisdiction over Nancy Morgan Wound Care, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and Nancy Morgan Wound Care that arises in whole or in part from our website shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing and/or accessing the Nancy Morgan Wound Care website you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the Nancy Morgan Wound Care Privacy Policy and any other legal notices published by Nancy Morgan Wound Care on our website, shall constitute the entire agreement between you and Nancy Morgan Wound Care concerning our website. If any provision of these Terms of Use or the Nancy Morgan Wound Care Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the Nancy Morgan Wound Care Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Nancy Morgan Wound Care’s failure to assert any right or provision under these Terms of Use or the Nancy Morgan Wound Care Privacy Policy shall not constitute a waiver of such right or provision. Nancy Morgan Wound Care reserves the right to amend these Terms of Use or the Nancy Morgan Wound Care Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the Nancy Morgan Wound Care Privacy Policy for any changes. Your use of our website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or related services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.