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Welcome to the MED-PASS and Heaton Resources web sites ("Sites").
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NOTICE: PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THESE SITES.
By accessing, browsing or using these Sites, you consent and agree to these terms of use, conditions
and all applicable laws. If you do not agree with any part of these Terms and Conditions,
YOU MUST NOT USE THESE SITES.
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PRIVACY:
You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree
that the terms of such policy are reasonable. You consent to the use of your personal information by
MED-PASS in accordance with the terms of and for the purposes set forth in our Privacy Policy.
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GENERAL:
The terms that govern your use of these Sites may be changed periodically. Your use of these
Sites following any such change constitutes your agreement to follow and be bound by the terms
as changed. Periodically, we may change, move or delete portions of, or may add to, these Sites.
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CONDUCT:
In using these Sites, you agree to not download (other than page caching) or modify them or
any portion of them, except with express written consent of MED-PASS. You are prohibited from
any resale or commercial use of these Sites or their contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering and extraction tools. These Sites or
any portion of these Sites may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written consent of MED-PASS.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of MED-PASS
and our business affiliates without express written consent. You may not use any meta
tags or any other "hidden text" utilizing MED-PASS’ name or trademarks without the express
written consent of MED-PASS. You shall be solely liable for any damages resulting from any
infringement or copyright, trademark, or other proprietary right, or any other harm resulting
from your use of these Sites.
Unless otherwise specified, these Sites are for your personal and noncommercial use. You may
display and, subject to any expressly stated restrictions or limitations relating to specific
material, electronically copy, download and print hard copy portions of the material from the
different areas of these Sites solely for your own noncommercial use, or to place an order with
MED-PASS. Any other use of materials on these Sites, including but not limited to the
modification, reproduction, distribution, republication, display or transmission of the
content of these Sites, without prior written permission of MED-PASS is strictly prohibited.
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Rules of Conduct:
While using any of these Sites you will comply with all applicable laws, rules, and regulations.
In addition, MED-PASS expects the users of these Sites to respect the rights and dignity of others,
and use of these Sites and Services is conditioned on the following Rules of Conduct. You will not:
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Post, transmit, or otherwise make available anything that is or may be (i) threatening,
harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious;
(iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by copyright,
trademark, trade secret, right of publicity, or other proprietary right without the express
permission of the owner of such copyright, trademark, trade secret, right of publicity, or other
proprietary right. Any person who has been found repeatedly to violate the intellectual property
rights of others shall be barred from submitting or posting any further material on these Sites.
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Use these Sites for any illegal purpose; or post, transmit, or otherwise make available any material
which would give rise to criminal or civil liability; which encourages conduct that constitutes a
criminal offense; or which encourages or provides instructional information about illegal activities,
or activities such as hacking, cracking, or phreaking.
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Post, transmit, or otherwise make available any material that would violate another person's privacy
or other rights, including any message containing personal phone numbers or addresses (including your own).
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Post, transmit, or otherwise make available any material, non-public information about a company without
the proper authorization to do so.
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Interfere with any other user's right to privacy; or harvest or collect personally identifiable
information about users of these Sites.
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Impersonate any person or entity, including, but not limited to, any MED-PASS representative; falsely
state or otherwise misrepresent your affiliation with any person or entity; or express or imply that
we endorse any statement you make without our prior written consent.
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Post, transmit, or otherwise make available any virus, worm, Trojan Horse, easter egg, time bomb,
spyware, or any other computer code, file, or program that may or is intended to damage or hijack
the operation of any hardware, software, or telecommunications equipment.
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Interfere with or disrupt the Services, or the servers or networks that provide the Services;
or disobey any requirements, procedures, policies, or regulations of such networks.
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Restrict or inhibit any other user from using these Sites, including by means of hacking or
defacing any portion of these Sites.
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Post, transmit, or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment
opportunity, or any other form of solicitation.
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Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion
of the Services, use of the Services, or access to the Services or these Sites.
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Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of these Sites.
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Remove any copyright, trademark, or other proprietary rights notice contained on these Sites.
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Frame or mirror any part of these Sites without MED-PASS' prior written authorization.
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Create a database by systematically downloading and storing all or any of the content on these Sites
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REGISTRATION:
You are not required to register to access either of these Sites. However, certain features and services
are offered that require registration. We may refuse to grant you, and you may not use, a password or email
address that is already being used by someone else; that may impersonate another person; that belongs to
another person, without his or her prior consent; that violates the intellectual property or other rights
of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole
discretion. In consideration of your use of these Sites, you agree, where information is requested, to
provide true, accurate, current, and complete information about yourself, and to maintain and update it
promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete,
we may terminate your use of these Sites. You are responsible for maintaining the confidentiality of your
password, and agree not to transfer your use of or access to these Sites to any third party. You are fully
responsible for all activities that occur under your password, including without limitation purchases.
You agree to immediately notify MED-PASS of any unauthorized use of your password or any other breach of
security. MED-PASS is not liable for any loss or damage arising from your failure to comply with all of the
foregoing obligations.
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COPYRIGHT and TRADEMARKS:
Unless otherwise noted, all materials, including trademarks, images, illustrations, designs, buttons,
icons, logos, photographs, digital downloads and written and other materials that appear as part of
these Sites (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed by MED-PASS, Inc. collectively, and/or its
trade partners. The Site as a whole is protected by U.S. and international copyright.
You acknowledge that all data developed and/or collected by MED-PASS in connection with the
operation of these Sites shall be the exclusive property of MED-PASS. You are prohibited
from reproducing, reverse engineering, transmitting, disassembling, modifying or creating
derivative works with respect to any Contents found on these Sites. Nothing on these Sites
is to be construed as granting, by implication, estoppel or otherwise, any license or right
to the use of intellectual property displayed on these Sites, without the prior written permission
of MED-PASS. Any rights not expressly granted herein are reserved.
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MED-PASS’ COMMUNICATIONS TO YOU:
You agree that MED-PASS may contact you via electronic mail, phone or fax in response to your
inquiries, product preview requests, sample requests or for the purpose of clarifying information
pertinent to orders you place.
By choosing the option of receiving new product updates via electronic mail as provided on these
sites, you agree that MED-PASS may send electronic mail to you for the purpose of advising you of
any such changes or additions to these Sites, about any related MED-PASS and Heaton Resources
roducts or services, or related industry news consistent with new product update information
until you choose, as is provided for on these Sites, to discontinue such service.
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PRICES and PAYMENT:
The prices displayed at these Sites are quoted in U.S. Dollars and are valid and effective only in the
United States. You will pay all charges incurred for purchases made in connection with your user name
or account at the price(s) in effect when such charges are incurred. You will also pay all applicable
taxes resulting from your purchases. All payments may be made by credit card.
If a product’s correct price is lower than our stated price, you will be charged the lower price and
the order will be shipped. If a product’s correct price is higher than the stated price, we will
contact you prior to shipping the order at which time you may approve or cancel the order. We apologize
for any inconvenience this may cause you. If you are not completely satisfied with your med-pass.com or
heaton.org purchase, contact MED-PASS customer service at 800-438-8884. Please see our
Return Policy.
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IMAGE INTEGRITY:
We have made every effort to display as accurately as possible the images including colors of our
products that appear on these Sites. However, as the actual images you see will depend on your monitor,
we cannot guarantee that your monitor's display of any image will be accurate.
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LINKS TO OTHER WEB SITES AND SERVICES:
These Sites may contain links to other Internet sites on the World Wide Web. MED-PASS provides such
links for your convenience only, and is not responsible for the content of any site linked to or from
these Sites. Links from these Sites to any other site do not mean that MED-PASS approves, or endorses
or recommends that site. MED-PASS disclaims all warranties, express or implied, as to the accuracy,
legality, reliability or validity of any content on any other site. Viewing of all other sites is
at your own risk.
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DISCLAIMER:
Although MED-PASS uses reasonable efforts to include accurate and up-to-date information on these
Sites, MED-PASS makes no warranties or representations about the accuracy or completeness of
these Sites’ content.
THESE SITES AND ALL CONTENTS, INFORMATION, SERVICES AND PRODUCTS OF THE SITES ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE,
AND THAT MED-PASS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
MED-PASS MAKES NO WARRANTY THAT (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE
WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR
EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITES WILL BE CORRECTED; OR (vi) THE WEBSITES OR THE
SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
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LIMITATION OF LIABILITY:
IN NO EVENT SHALL MED-PASS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MED-PASS HAD BEEN ADVISED OF SUCH DAMAGES.
IN PARTICULAR, AND WITHOUT LIMITATION, MED-PASS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND
RESULTING FROM THE USE OF OR THE INABILITY TO USE MED-PASS WEBSITES, FROM GOODS ACQUIRED
THROUGH MED-PASS, OR FROM ANY CONTENT POSTED ON THE WEBSITES BY MED-PASS OR ANYONE ELSE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES OR THEIR CONTENT IS TO STOP USING
THE WEBSITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. YOU AGREE THAT USE OF THESE SITES IS AT YOUR SOLE RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE ACCESS, BROWSING, OR USE OF THESE SITES, OR THE DOWNLOADING OR USE OF ANY
MATERIALS, DATA, TEXT OR IMAGES FROM THESE SITES.
The authors and developers of the products on these sites have made every effort to ensure
the accuracy of the information contained in the products. It is the responsibility of
healthcare professionals to use their professional judgement in the use of these products.
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INDEMNIFICATION:
You agree to defend, indemnify and hold MED-PASS harmless from and against any and all
claims, damages, costs and expenses, including attorneys' fees, arising from or related
to your use of these Sites or any other person accessing these Sites using your Internet
account.
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APPLICABLE LAWS:
These Sites are administered by MED-PASS from its offices in Miamisburg, Ohio,
United States of America and are intended for use by residents of the United States of
America only. Your use of these Sites shall be governed in all respects by the laws
of the state of Ohio, U.S.A., without regard to choice of law provisions. You consent
and submit to the exclusive jurisdiction of the state or federal courts located in
Montgomery County, the state of Ohio, in any legal proceeding directly or indirectly
arising out of or relating to these Sites. MED-PASS’ failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and conditions. MED-PASS may
assign its rights and duties under this Agreement to any party at any time without
notice to you.
MED-PASS makes no representation that materials in these Sites are appropriate or
available for use in other locations, and access to them from territories where
their content is illegal is prohibited. Those who choose to access these Sites from
locations outside the United States of America do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or export the
materials in violation of U.S. export laws and regulations. Any claim relating to the
materials shall be governed by the internal substantive laws of the State of Ohio.
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TERMINATION:
These terms and conditions are applicable to you upon your accessing these Sites.
These terms and conditions, or any of them, may be modified or terminated by MED-PASS
without notice at any time for any reason. The provisions relating to Disclaimer,
Limitation of Liability, Indemnification, and Applicable Laws, shall survive any
termination.
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USER SUBMISSIONS:
Except for any personally identifiable information we may collect from you under
the guidelines established in our Privacy Policy any material, information or other
communication you provide to MED-PASS ("Submission") will be considered non-confidential
and non-proprietary. MED-PASS will have no obligations with respect to the Submission.
MED-PAS and its designees will be free to copy, disclose, distribute, incorporate and
otherwise use the Submission and all data, images, sounds, text, and other things
embodied therein for any and all commercial or noncommercial purposes.
In the event you place an order with MED-PASS through or using these Sites, you
agree that any order so placed shall be the same as a signed writing, created in
the ordinary course of the sending party's business, at or near the time of the
events recorded and transmitted by a person with knowledge of the events. When
the order is printed from electronic records, such an order shall be considered
an original Document. The party placing the order shall not contest the validity
of the Document on the grounds that it fails to meet the common law statute of
frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial
Code, or other applicable law or statute, that it fails to meet the business records
exception to the hearsay rule or that it fails the best evidence rule because it is
not an original document.
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GENERAL:
These Terms and Conditions and those found in the MED-PASS Privacy Policy set forth
the entire understanding and agreement between you and MED-PASS with respect to
these Sites. You acknowledge that any other agreements between you and MED-PASS
with respect to these Sites are superseded and of no force or effect. If any
provision of these Terms and Conditions shall be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from these Terms and
Conditions and shall not affect the validity and enforceability of any remaining
provisions.
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INFORMATION or COMPLAINTS:
If you would like any further information or if you have a complaint regarding
these Sites, please call 800-438-8884 send an email to sales@med-pass.com.
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© 2004 MED-PASS, Inc.
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800-438-8884
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