These General Terms and Conditions of Use ("Terms") are entered into by and between you and Want2care.com, a Michigan company ("Want2care"). In consideration of your use of and access to this Internet site (The "Want2care.com Site"), and the promises and obligations herein, and intending to be legally bound, you and Want2care hereby agree as follows:
Your access to and use of the Want2care.com site is subject to these Terms, which incorporate the separately posted Privacy Statement and Guidelines for Participation in our Caregivers Forum, as well as any modifications to them issued by Want2care and all applicable laws and regulations. BY USING THE WANT2CARE.COM SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Want2care.com site.
Among other things, the Want2care.com site provides information concerning various products and the opportunity to obtain additional information concerning those products or to purchase them. These Terms and the information provided in the Want2care.com site in no way override the terms and conditions of your purchase of any product except as specifically provided herein. To the extent any area within the Want2care.com site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms.
Want2care shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Want2care.com site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Want2care.com site. You are responsible for reviewing the Want2care.com site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Want2care to these Terms. ANY ACCESS OR USE OF THE WANT2CARE.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Want2care shall be valid or enforceable against Want2care unless expressly agreed to by Want2care in a writing signed by a duly authorized officer of Want2care.
3. Termination.
These Terms are effective until terminated by Want2care. Want2care may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Want2care.com site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Want2care shall also have the right without notice and at any time to terminate the Want2care.com site or any portion thereof, or any products offered through the Want2care.com site, or to terminate any individual's right to access or use the Want2care.com site or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Want2care.com site and your purchase of the items on the Want2care.com site. Sales Taxes for purchases made on Want2care.com have not been collected by Want2care. (Exceptions are residents in the State of Michigan at 6%) It is your responsibility to report Sales Tax in the State that you reside in. You must be at least 18 years old to use the Want2care.com site.
5. Content.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Want2care.com site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
The Content may contain errors, omissions, or typographical errors or may be out of date. Want2care may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Want2care in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Want2care or by third parties that have licensed their use to Want2care. You may view and use the Content only for your personal information and for shopping and ordering on the Want2care.com site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Want2care does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Want2care.com site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Want2care, is strictly prohibited.
6. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including Want2care vendors, do not constitute sponsorship, endorsement, or approval by Want2care of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Want2care, and Want2care is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders.
All prices displayed on the Want2care.com site are quoted in U.S. dollars. Want2care may restrict delivery to addresses within the United States and Canada. Want2care will add shipping and applicable sales/use tax. Want2care reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Want2care.com without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products on the Want2care.com site do not imply endorsement of that product, or constitute a warranty, by Want2care.
The receipt by you of an order confirmation does not constitute Want2care's acceptance of an order. Prior to Want2care's acceptance of an order, verification of information may be required. Want2care reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Want2care, for any reason. Want2care reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product is listed at an incorrect price due to supplier pricing information or typographical error, Want2care shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether 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, Want2care shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by Want2care pass to you upon Want2care's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Want2care's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
8. Disclaimer and Limitation of Liability as to The Want2care.com Site and Content.
WANT2CARE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WANT2CARE.COM SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. WANT2CARE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WANT2CARE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WANT2CARE.COM SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE WANT2CARE.COM SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WANT2CARE.COM SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL WANT2CARE, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WANT2CARE.COM SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF QVC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products.
We want you to be completely satisfied with your Want2care.com purchase. If for any reason you are not entirely pleased with a product you purchased on the Want2care.com site, return the item within 30 days of shipment (with RGA) for exchange or full refund of the purchase price. Please see policy regarding returns and exchanges for all exceptions and procedures. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS SOLD BY WANT2CARE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATION OF THEIR RESPECTIVE MANUFACTURERS. EXCEPT AS EXPRESSLY STATED HEREIN, WANT2CARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE WANT2CARE.COM SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL WANT2CARE, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED ON THE WANT2CARE.COM SITE, EVEN IF WANT2CARE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WANT2CARE'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
10. Indemnification.
You agree to defend, indemnify, and hold harmless Want2care, Want2care's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Want2care.com site. The foregoing indemnification obligation shall survive termination of these Terms and the Want2care.com site and any product provided to you arising out of or relating to your use of the Want2care.com site.
11. Submissions.
Except as otherwise expressly provided herein or in the Want2care PRIVACY STATEMENT posted on the Want2care.com site, any communication or material you transmit to the Want2care.com site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Want2care, Want2care vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Want2care, Want2care vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Want2care.com site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
12.Health and Medical Information.
The health and medical information on our website is not intended to take the place of advice or treatment from healthcare professionals. It is also not intended to substitute for the users' relationships with their own healthcare/pharmaceutical providers.
13. Miscellaneous.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Want2care of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Want2care shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the Want2care.com site shall not be construed as Want2care's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Michigan. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflicts of law provisions. Additionally, any claims brought against Want2care shall be governed by and construed in accordance with the laws of the State of Michigan. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on Want2care.com, shall be in the state or federal courts located in the Southeastern District of Michigan or the Macomb County Court of Mount Clemens, Michigan.
Revised May 26, 2006