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Disclaimer

TERMS OF USE

WARRANTY DISCLAIMERS – THE CONTENT ON THIS WEB SITE IS PROVIDED BY CARLISLE MEDICAL, INC. AS A SERVICE TO ITS CLIENT. THE CONTENT OF THIS WEB AND THE SERVICES AND PRODUCTS OFFERED ARE PROVIDED”AS IS”,”WHERE IS”, WITHOUT WARRANTY OF ANY NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, CARLISLE MEDICAL, INC., ITS MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY “CARLISLE MEDICAL”) DISCLAIM ALL WARRANTIES OF ANY KIND AND NATURE , EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE OR LINKED HERETO (COLLECTIVELY THE “CONTENT”). THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANT ABILITY AND/OR FITNESS FOR A PARTICULAR USE. CARLISLE MEDICAL DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT.

CARLISLE MEDICAL DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE WITHOUT ERROR OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARLISLE MEDICAL EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.

CONTENT CONTAINED IN THE WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

CARLISLE MEDICAL MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION SUPPLIED BY THIRD PARTIES AND PUBLISHED ON OR LINKED TO THIS WEB SITE. CARLISLE MEDICAL DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.

User’s Assumption of Risk – The user assumes responsibility for the accuracy, appropriateness and legality of any information the user supplies Carlisle Medical. This web site is operated in the State of Alabama, United States of America, and Carlisle Medical makes no warranty or representation that content is applicable or appropriate for use in other locations. By use of this web site, the user acknowledges that such use is at the user’s sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment which the user may use in connection with this web site.

Limitation of Liability – The user agrees that Carlisle Medical is not liable to the user in any manner whatsoever for the user’s actions or inactions in reliance upon such content. The user also agrees that the aggregate liability of Carlisle Medical arising from or related to the user’s access and use, regardless of the form of action or claim, whether sounding in contract, tort, or otherwise, is limited to the purchase price of any items which the user purchases in the applicable transaction. The user likewise waives any claim for damages against Carlisle Medical for any direct, indirect, special, incidental, consequential, or punitive damages.

Indemnification – By use of this web site, the user agrees to indemnify, defend and hold harmless Carlisle Medical, Inc. and any of its officers, employees, servants, agents, directors and shareholders from any liability, claims, demands, damages, expenses or fees, including attorneys fees, incurred by or threatened against any of the aforementioned parties arising from the user’s use of this web site.

Governing Law – This agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to choice of law rules.

Consent to Binding Arbitration – The user agrees that adjudication of any and all disputes arising from the use of this web site or any of the products or services offered shall be submitted to binding arbitration before a panel of three arbitrators approved by the American Arbitration Association. Such arbitration shall be conducted in accordance with the rules governing Commercial Dispute Resolution promulgated by the American Arbitration Association. Each party shall select one arbitrator from the panel of neutrals, and the arbitrators chosen shall select the third arbitrator.

Forum Site Selection – Any arbitration or other alternative dispute resolution proceeding arising out of or in connection with the use of this web site shall be conducted in Mobile County, Alabama. Any civil litigation shall be conducted in a state or federal court located in Mobile County, Alabama, and the user hereby expressly consents to the jurisdiction of such court.

Waiver of Trial By Jury – The user likewise waives any right to trial by jury of any such claim.

Paragraph Headings – The paragraph headings are provided merely for the convenience of the user and do not constitute substantive provisions of this agreement or in any way affect the terms of use of this web site.

Severability – The foregoing terms of use constitute the entire agreement between the user and Carlisle Medical, Inc. governing the user’s use of this web site. If any portion of this Agreement is deemed to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.