This website, mobile application, and/or electronic service (collectively, the “Services”) is owned and operated by DMI Medical Supply Co. Inc. and/or its subsidiaries or affiliates (“Company,” “we,” or “us”). These Terms of Use apply to your use of the Services or other websites, mobile applications, or electronic services on which these Terms of Use (“Terms”) are posted.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SERVICES

The Company offers the Services conditioned upon your acceptance of these Terms, and your continued use of the Services constitutes your agreement to these Terms. If you do not wish to be bound by these Terms, do not access or use the Services.

Note that special terms apply to some features offered through certain Services, like subscription-based services, rules for particular contests or other features or activities. These terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.

You therefore acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Services and receipt of data, materials and information available at or through the Services, the possibility of our use or display of User Submissions (as defined below) and the possibility of the publicity and promotion from our use or display of User Submissions.

License to Access and Use the Services

The content, information, software, designs, materials, functions and data included in and contained on the Services (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services.

Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Services only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, Company grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Services is prohibited.

In the event that we offer downloads of software on a Service and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. Please carefully read any additional terms to determine the full extent of conditions governing the use of such Software. We do not transfer title to the Software to you. You may not copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Note that if you install certain applications that may be available via the Services, you consent to the download of Software to your Internet Device and accept these Terms and any additional terms related to such application.

We reserve all rights in the Content and the Services that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services or any Content unless you obtain our prior written approval. You also may not use the Services in a way that could harm us or any third party. For example, you may not use the Services in a way that could:

• damage or interfere with the proper working of the Services;
• intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
• give you access to the Services or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Services using that program;
• frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
• convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
• Otherwise adversely impact the operation of the Services, the Company, or any third party.

In addition to our other legal rights, we may limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you including our belief you violated these Terms.

Registration and Access Restrictions

You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Services.

You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify the Company immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.

Electronic Communications

When you access or use the Services, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with the Company electronically. We may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.

Links to Third Party Sites

The Services may contain links to other sites or electronic services that are not operated by our family of companies. These links are provided as a convenience to you. However, we do not represent that we have endorsed or evaluated the information on those other sites or electronic services. Your relationship with the operators of these third-party sites is governed by the terms and conditions and privacy policy, if any, of those sites, and not by these Terms. Therefore, you should review those documents before using the third-party services.

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on Services retrieved in searches and/or listed in search results or identified on search results pages.

No Professional Advice or Medical Information

The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

The statements on the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

Commercial Transactions

The Services allow you to purchase products or services. To purchase any products or services through the Services, you must: (a) be at least eighteen years of age, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Services.

We stand behind the products and services that we sell, and we will list the return policy that will apply to purchases from the Services. In general, we accept returns for a limited period of time following a purchase, and your sole remedy if you are dissatisfied with a product that you have purchased through the Services will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and we will not accept returns or issue refunds.

In offering product descriptions on the Services, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with the return policy listed on the Services. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.

International Orders

By confirming your order for shipment outside the Philippines, you agree to the additional terms contained in this section.

If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment.

Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.

If we decide to allow return of an item that has been rejected because of import or other legal compliance issues, we will refund the purchase price of the merchandise, less any charges we incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the upon return of the goods, and less the shipping costs to return the package to us.