ACCEPTANCE OF TERMS THROUGH USE
By using the Site or by clicking “I agree” to these Terms, you (“User”) signify your agreement to the Terms. If you do not agree to the Terms please do not use the Site and do not click “I agree”. Please check these Terms periodically for changes as We reserve the right to revise these Terms without notice. In the event of a change to the Terms, your continued use of this Site following the posting of any changes constitutes acceptance of such changes.
YOU MUST BE OVER 18 OR OLDER TO AGREE TO THESE TERMS AND USE THIS SITE
These Terms must be understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this Site, such parent or guardian should email MVHS with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this Site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, MVHS hereby grants you a non-exclusive, non-transferable limited license to use this Site in strict accordance with these Terms. You agree not to make any false or fraudulent statements as you use this Site. You acknowledge and agree that all content and services available on this Site are property of MVHS and are protected by all applicable copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by MVHS, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting from any non-payment.
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from MVHS is directly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by MVHS, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information in strict confidence, notifying MVHS immediately if you discover loss or access to such information by an unauthorized person or party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that MVHS may pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors, if any.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, or materials or services received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Errors and Corrections
While MVHS uses reasonable efforts to include accurate and current information on this Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. MVHS reserves the right to correct any inaccuracies or typographical errors on this Site, including pricing and availability of products and services, and shall have no liability for such errors. MVHS may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact MVHS and MVHS will verify it for you.
LINKS TO OTHER WEBSITES
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this Site or communicate to MVHS through this Site (collectively “Submissions”) shall forever be the property of MVHS. MVHS shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products.
By using features of this Site that allow you to post or otherwise transmit information to or through this Site, or which may be seen by other users, you agree to the below “Site Submission Rules.” Specifically, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content –including text, communications, video, software, images, sounds, data, or other information –that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this Site’s rules or policies;
- infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of this Site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site. However, this Site and its agents have the right, at their sole discretion, to remove any content that, in this Site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Site Submission Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of MVHS’s agents, officers, directors, contractors or employees. In such event, you agree that MVHS may disclose your identity and contact information if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and MVHS shall not be liable for damages or result thereof, and you agree not to bring any action or claim against MVHS for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, or transmitted without MVHS’s prior written permission.
The Microvascular Health Solutions name, logo, and all product names, company names, and other logos (collectively the “Marks”), unless otherwise noted, are trademarks and/or trade dress of Microvascular Health Solutions, LLC. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third-party sites through links or frames from this Site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of MVHS and are not monitored or reviewed by MVHS. The inclusion of such a link or frame does not imply endorsement by MVHS, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that MVHS and its licensors have no liability whatsoever from such third-party sites and your usage of them.
DISCLAIMER OF WARRANTIES
MVHS, its advertisers and licensors make no representation or warranties about this Site or any service or products received through this Site unless a separate express, written warranty is provided by MVHS for such service or product. MVHS, advertisers and/or its licensors hereby disclaim all warranties without regards to this Site, including all statutory and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. MVHS, advertisers and/or its licensors do not warrant that the contents or any information received through this Site will be available at any particular time or location; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this Site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall MVHS, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MVHS, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MVHS, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by the applicable laws.
You agree to defend, indemnify, and hold harmless MVHS, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this Site, or any services, information or products from this Site, or any violation of this Agreement. MVHS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MVHS in asserting any available defenses.
MVHS reserves the right to terminate a User’s use of this Site at any time without notice and may do so for any breach of these Terms.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by MVHS from its offices within the State of Utah, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Site. As each of these places has laws that may differ from Utah, by accessing this Site, both you and MVHS agree that the statutes and laws of Utah shall apply to any actions or claims arising out of or in relation to these Terms or your use of this Site, without regards to conflicts of laws principles thereof. You and MVHS also agree and hereby submit to the filing of any claim arising from use of the Site only in the exclusive personal jurisdiction and venue of the federal or state courts of Utah, and any legal proceedings shall be conducted in English. MVHS makes no representation that materials on this Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.
INTERNET AND THIRD-PARTY WEBSITE RESTRICTIONS
Users may not use or attempt to register any of MVHS’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, MVHS’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.
Users may not sell MVHS’s products, services or offer MVHS products using “online auctions,” such as eBay®, or “online marketplaces” like Amazon.
HEALTHCARE PRACTITIONERS ADVERTISING AND PROMOTIONAL MATERIALS
Healthcare practitioners, in-store retailers, or any other entity who purchased products at wholesale pricing may not advertise any MVHS products or services at a price LESS than the highest company published, established retail price plus shipping, handling and applicable taxes.
Advertising and all forms of communications must adhere to principles of honesty and propriety.
All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by Microvascular Health Solutions.
All requests for approvals with respect to advertising must be directed in writing to Microvascular Health Solutions.
MVHS reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations and may require the removal of such advertisements from the marketplace without obligation to the affected IBP.
By submitting any testimonial on this Site, you give MVHS permission to use your testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. You waive any right to be compensated for the use of your testimonial or image and likeness by MVHS.
These Terms constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of MVHS. If any provision of these Terms is prohibited by law or is held to be unenforceable, the remaining provisions hereof shall not be affected, and these Terms as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
MVHS reserves the right to revise these Terms at its discretion, so check back from time to time to be sure you are complying with the current version.
MVHS determines shipping charges by the weight and size of your order. Please note that MVHS does not ship on Saturday, Sunday, or select US National Holidays.
Outside the US: The recipient of shipments from MVHS will be responsible for all government duties, taxes and levies in respect to the shipping of orders of imported goods released or to be released.
All products must be prepaid with VISA®, MasterCard®, American Express®, or Discover® Card before the products will be shipped.
RETURNS AND EXCHANGES
Customer return policy: 30-day unconditional money-back guarantee (applies to the first product of same SKU). Any returned product is subject to a 15% restocking fee. Shipping and handling is not refundable.
If you are not satisfied with a product*, simply complete our Contact form and a customer service agent will send you back the proper form to complete in order to process your return for refund or credit of the purchase price.
*If you purchase multiple products with the same SKU, the 30-day unconditional money-back guarantee only applies to one product of that SKU per person.
Damaged or incomplete shipments must be reported within 3 days or 72 hours from receipt of shipment. Shipping damage should be noted to the carrier at the time of delivery. In the event of damaged delivery:
Indicate damage on the delivery bill and have it signed by the driver.
Contact our customer service department using our Contact Form.
Updated: July 18, 2022