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PROTECTING THOSE WHO PROTECT US
Welcome to Salusen (“Salusen”) provides this web site as a service to you in order to purchase products subject to the following Terms and Conditions contained in this User Agreement (“Terms”), which may be updated from time to time without notice. By signing up, accessing, or using the site, or any of the services or features contained therein, the user agrees that they have read, understood, and agree to be bound by these Terms. Salusen, and its affiliates (herein collectively referred to as “Salusen”, “we,” “us” , “Sites,” or “our,” except where noted), operates and owns this Web site. As used hereinafter, the terms “Buyer”, “user”, “User”, “You”, “you”, “Your”, “your”, and “the customer” shall be synonymous and shall refer to the person or business entity (or agents, employees, authorized representatives, affiliates, or anyone acting on their behalf) that is accessing the web site and/or purchasing products herein.
Before you may use the Salusen website and services, you must read and accept all of the terms and conditions in this User Agreement. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective upon acceptance for new users and on November 21st, 2011 for all existing users.
Terms of Purchase
For any purchase in which Salusen makes delivery, Buyer hereby agrees to pay Salusen’s customary shipping charges. Delivery shall be made according to Salusen’s standard delivery procedures or as specifically detailed at the time of purchase. The risk of loss shall pass to Buyer upon delivery of the goods should Buyer not be present to accept delivery. Buyer hereby authorizes Salusen to unload the goods and leave them at the delivery destination. Buyer shall release Salusen and shall indemnify and hold harmless Salusen from and against any and all claims demands, actions, causes of action, cost, expenses, and attorney’s fees arising out of or its connection with any and all injury including death, to any person or persons (whether third parties or agents, servants, or employees of Buyer), any and all damages to or loss of any property (whether belonging to Buyer or a third party), and any and all other damages recognized at lass, or in equity caused in whole or in part by or its anyway related to the delivery of goods, whenever such delivery is made in accordance with or pursuant to Buyer’s instructions.
Buyer shall have the right to inspect the goods upon arrival. Buyer’s inspection rights shall expire 24 hours after the arrival of the goods at the delivery destination. A failure to inspect and report any error in product delivery within that time shall waive notice of any defect which reasonable inspection would have revealed. A rejection of the goods by Buyer shall not be effective unless it is made and written notice thereof is given to Salusen within 5 calendar days of delivery.
Salusen shall have the right, without prejudice to any other rights, to suspend further deliveries of any products purchased if Buyer defaults its payment of any amounts due, or whenever Salusen may deem itself insecure as to Buyer’s performance, until Buyer remedies such default or provides adequate assurance to Salusen of Buyer’s ability to perform.
Unless otherwise provided by law, Salusen may require Buyer to pay or to reimburse Salusen for any tax, (except, income tax) which now or hereafter may be imposed by any taxing authority with respect to the items purchased or the sale, purchase, manufacture, delivery or use thereof.
Salusen reserves the right to discontinue, without liability hereunder, deliveries of any merchandise, the manufacture, use and/or sale of which in the opinion of Salusen would infringe any patent now or here after issued and under which Salusen is not licensed.
Buyer shall not hold Salusen responsible for any delay caused in whole or in part by circumstances beyond Salusen’s reasonable control, including but not limited to, force majeure, fires, or accidents; strikes or other differences with workmen: war (whether declared or undeclared), riots, or embargoes; delays by carriers; delays its shipment or receipt of materials from suppliers; or any legislative, administrative or executive law, order, or requisition of the federal or any state or local government or any subdivision, department, agency, officer or official thereof. Salusen may allocate its available supply among Salusen’s customers, including Salusen’s branches and affiliates, in any manner Salusen deems reasonable.
Use of Salusen.com
While using SALUSEN.com you will not:
Abuse of Salusen.com
Salusen works together with its users to keep the site operating properly and to help safeguard its users as much as possible. Please report to us any issues, inappropriate or offensive content, and violations of our policies.
Salusen may suspend, deactivate, limit, or cancel our service and user accounts, impede or restrict access to our website, defer, or delete hosted content, and utilize technological methods or legal means to keep users off of Salusen.com, if in our sole discretion, we think that they are causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and this Agreement. We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.
Salusen reserves the right to refuse service to anyone. We may, at our sole discretion, mark any customer or account “Do Not Provide”. Should this occur, we will continue to provide warranty and other related services as required by law, however we will not sell any further products to the “Do Not Provide” customer.
By submitting communications or content to any part of the site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to the site will be deemed and remain the property of Salusen. You grant or warrant that the owner of such content has expressly granted Salusen a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Usage of Content
You may print out any of the materials from this Web site for your personal, non-commercial use only, and not for re-sale, provided you keep intact all copyright and other proprietary notices. Accordingly, you may copy this information only as necessary for your personal use to (i) view it on your screen, and (ii) save a single copy on your hard drive or disk, provided that you do not remove any copyright notices that appear and do not modify the information in any way, and/or (iii) print a copy for personal use. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any materials from this Web site, and may not republish, upload, post, transmit, loan, rent, transfer, sell or otherwise distribute any materials from this Web site in any form, for any purpose. The use of any such materials on any other Web site or network computer environment is also prohibited. If you use the materials other than as permitted in this license, you will be violating Salusen’s copyright and other proprietary rights.Unless otherwise indicated, all information contained on the site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Salusen and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Salusen’s prior written consent.
We may also use third party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on Salusen Any use of these 3rd party information, photos, or videos by a Salusen user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
No Medical Advice; No Guarantees
You recognize and agree that the content made available through Salusen is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling, as the practice of medicine or as the creation of a physician-patient relationship with Salusen. Users should never use any Salusen resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through Salusen.
Right To Refuse Service On All Orders
Salusen reserves the right to refuse service to anyone at anytime at our sole discretion. In the case where we discontinue service we will continue to honor any warranty obligations as required by law.
Limitation of Liability
Salusen will not be held responsible for other users’ actions or inactions, including things posted by said users. Additionally, in no event shall Salusen guarantee constant or secure access to our websites or services, and normal functioning of Salusen may be interfered with or disrupted by numerous factors beyond the scope of our control.
Salusen shall assign or transfer to Buyer any assignable or transferable manufacturer’s warranties, if any, applicable to this purchase, in lieu of all other warranties, express or implied. Salusen MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. There is no warranty made by Salusen for any products purchased. Salusen is not responsible for injury, infection, or other damage resulting from the use of the products it supplies. Sterilization (where applicable), use and application of products is the responsibility of the user. Federal law in the United States restricts the sale, distribution or use of these products to, by or on the order of a licensed medical practitioner.
Salusen SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, ORCONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, CONTINGENT OR OTHERWISE, CAUSED BY IT’S FAILURE OR DELAY IN PERFORMANCE OR DELIVERY, OR DUE TO ANY CAUSE WHATSOEVER, OR ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any liability of Salusen is limited to repayment of the purchase price of items not conforming to the description on the face hereof upon return of the items. This remedy is the exclusive remedy for the Buyer under this Agreement. Salusen shall not be liable for any damages attributable to product abuse, misuse, neglect or any other cause, which is not the fault of Salusen.
Buyer agrees to indemnify and hold harmless Salusen from and against any and all claims, demands, actions, causes of action, costs, expenses, and attorney’s fees arising out of or in connection with any and all injury, including death, to any person or persons (whether third parties or agents, servants or employees of Buyer), any and all damages to or loss of any property (whether belonging to Buyer or to a third party), and any and all other damages recognized at law or in equity, caused by or resulting from its whole or its part, any act(s) or omission(s), negligent or otherwise, of Buyer, or any of Buyer’s agents, servants, employees, subcontractors or customers, or any use of any products purchased from Salusen. In the event that the applicable law prohibits enforcement of this clause as written, then and only then, this clause shall be modified to provide the maximum indemnification to Salusen, as indemnities, allowable under that applicable law.
Waiver by Salusen of any terms or conditions of this contract or waiver of any breach hereof shall not be construed as a waiver of any other terms or conditions. A determination that any provision of this Agreement is illegal or invalid shall not affect the validity or enforceability of the remaining provisions of this Agreement.
Salusen provides users through its web site(s) access to various resources, including an online store, company and product information, which may be accessed through various media or devices now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Salusen to provide the Service. You also understand and agree that the Service may include certain communications to registered users from Salusen such as service announcements and administrative messages and that these communications are considered part of Salusen’s Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these Terms. You understand and agree that the Service is provided “AS-IS” and that Salusen assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of this web site and the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or products of the type sold herein under the laws of the United States or other applicable jurisdiction. If you choose to create an account with us, or otherwise use this web site, you also agree to provide true, accurate, current and complete information, under penalty of perjury under the laws of the jurisdiction in which you reside, about yourself as promoted by the Service’s registration form. As part of the online registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the online services, and agree that Salusen will have no obligations with regard thereto.
Salusen and related sites under common ownership and/or control, may contain links to Web sites not under our control. Although we try to choose sites that will be helpful to you, we are not responsible for the quality, safety, completeness, accuracy, or nature of the content of such sites and we cannot guarantee that such content may change without our knowledge. We provide these links simply as a convenience to you and this convenience should not be considered an endorsement by us of these Web sites or the companies who own them.
You agree to release Salusen, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with Salusen.
Access and Interference
Much of the information on the Salusen website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to Salusen. You agree that you will not use any robot, spider, scraper or any other automated means to access the Salusen website for any purpose without first obtaining our express written permission.
You also agree that you will not:
If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Salusen does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Salusen only with involvement of a parent or guardian. Salusen reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
In the event that a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Salusen shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. Salusen 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 cancelled, Salusen shall issue a credit to your credit card account in the amount of the incorrect price.
LIABILITY AND DISCLAIMERS
NEITHER SALUSEN NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES, THE SERVER THAT MAKES THEM AVAILABLE, THE SITE CONTENT, OR THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site Contents are provided to you “as is,” and “as available,” and you agree to use it at your own risk. Salusen and each of its affiliates and licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information.
SALUSEN AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS AND THIRD PARTY SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE, PERFOMANCE OR POSSESSION OF THIS WEB SITE OR ITS CONTENTS; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENTS, ANY DEFECT IN THIS WEB SITE OR ITS CONTENTS, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF SALUSEN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
IF THIS EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SALUSEN AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY AMOUNTS WHICH YOU MAY HAVE PAID FOR PRODUCTS OR THE SERVICES.
Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Salusen or each of their respective licensors. Product and service information are the sole responsibility of each individual vendor. The Salusen name, logo and trademark, and other trademarks and trade names owned by Salusen and may not be used in any commercial manner without the prior written consent of Salusen.
Risk of Loss
All items purchased from Salusen are made pursuant to a shipping agreement; This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Salusen is not responsible for injury, infection, or other damage resulting from the use of the products it supplies. Sterilization (where applicable), use and application of products are the responsibility of the user.
Salusen attempts to be as accurate as possible. However, Salusen does not warrant that product descriptions or other contents on this site are accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on Salusen.
Insurance and Insurance Claims
Salusen does not accept assignment of benefit. We are not a provider for any insurance company or health care organization. Salusen does not file any insurance claims for any reason.
ABN Notice For Medicare Beneficiaries
Salusen sells CPAP equipment to customers for cash. We do not work with private or government based insurers or social benefit programs. We do not accept assignment. Salusen is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on Salusen.
You (“Indemnifying Party”) each agree to defend Salusen(“Indemnified Party”) in and from all third party claims, causes of action, demands, suits or legal proceedings of any sort (“Claims”), and indemnify and hold Salusen harmless from any losses, costs, damages, expenses, settlements, judgments and liabilities (including reasonable attorneys’ fees, court costs and expenses) (“Liabilities”) arising from or relating to (a) intentionally wrongful, reckless or negligent acts or omissions committed by the Indemnifying Party; (b) any breach of the Indemnifying Party’s representations, warranties and/or obligations set forth in these Terms, or (c) the infringement by the Indemnifying Party of any patents, registered designs and copyrights (including rights in software), trademarks, trade secrets, rights of publicity or privacy, design rights, database rights, semi-conductor topography rights or rights in mask works, or any other similar intellectual property rights of any third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Salusen by this Agreement.
Except as specifically stated elsewhere, legal notices shall be served by Salusen national registered agent or to the email address you provide to Salusen during the registration or ordering process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Additionally, you may be served legal notice by mail to the address(es) on file with your Salusen account. In such case, notice shall be considered given 72 hours after the date of mailing.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include
Resolution of Disputes
If a dispute arises between you and Salusen, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Saluse nagree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The following policies are incorporated into this Agreement and set forth additional terms and conditions that are related to specific services offered on the Site:
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of Salusen to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement. We may make changes or amendments to this Agreement at any time by posting the amendments on Salusen All changes to this Agreement shall automatically become effective.