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About the Site. This Site is owned and operated by Elite. Elite is the name we use to refer to our whole business, including Elite Medical Supply of New York, LLC d/b/a Elite Medical Supply and any of the companies that it controls, including subsidiaries, and affiliates. The Site provides information on products and services offered by Elite. The materials on this Site are for your general educational information only. Information you read on this Site cannot replace the relationship that you have with your healthcare professional. This Site contains information about products and therapies approved and cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this Site about products or therapies that are not approved or marketed in your country.
Use of Site. The materials on this Site belong to or are licensed by Elite. Elite also owns or holds licenses for the names used for products and services on this Site, and these names are protected by United States and foreign trademark laws. All trademarks are the property of their respective owners. Elite permits you to view, download, print, and e-mail a single copy of the materials from this Site only for your personal, non-commercial internal use, as long as you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.
This is a license granted and does not constitute any transfer of ownership. This license is non-transferable and may be terminated or revoked at any time in our sole discretion. There may be special rules for the use of materials provided on certain parts of this Site. These special rules will be posted near the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, without the express written permission of Elite. For purposes of these Terms, any use of these materials on any other Web Site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Copyright Infringement. If you believe any content on this Site infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Elite's designated agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Elite to locate the material; (d) information reasonably sufficient to permit Elite to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the agent designated by Elite to receive and act on copyright violations under the DMCA, as follows:
Elite Medical Supply of New York, LLC
Attention: Legal Department, DMCA Notices
1900 Ridge Road., Suite 125
West Seneca, NY 14224
If you believe that any material that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to Elite's designated agent (see 17 U.S.C. Section 512(g)(3) for further detail): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Elite may be found, and that you will accept service of process from the person who provided notification under these Terms or Use (that is, the person who alleged that your material infringed any copyright) or an agent of such person. Elite's policy is to suspend or terminate the account or the right to access or use this Site or any part of this Site, of any person who posts infringing material on this Site or who provides any fraudulent or inaccurate take-down notice or counter-notice under the DMCA. However, Elite has no obligation to do so.
Site Availability and Security. At any time and from time to time, all or any portion of this Site may not be available or may not function properly. This Site may have and may cause technological problems for any reason, including viruses and other malicious or damaging computer programs. Elite disclaims liability for any interception of data or communications. Elite does not guarantee the security of this Site. Elite is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this Site or for any defects, delays or errors in or resulting from your use of this Site.
Electronic Communications. When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Interstate Nature of Communications on Site. When you use this Site, you acknowledge that in using this Site to send electronic communications (including but not limited to email, search queries and other Internet activities), you will be causing communications to be sent through computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of this Site's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the service results in interstate data transmissions which may transit through the State of New York.
Informational and Educational. The content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. Elite does not give medical advice, nor does Elite provide medical or diagnostic services. Your reliance upon content obtained by you at or through the Site is solely at your own risk.
Regarding Elite Products. The majority of Elite products are available for sale globally. However, a reference to an Elite product or service on this Site does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. This Site contains information about products and services that may or may not be available in any particular country or region of the world and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Any products not commercially available in the U.S. or Internationally will not appear in the U.S. or International navigations, respectively.
Elite will not ask for and does not want patient information that could be linked to an individual provided in any Communications. You represent and warrant that you will, at all times during your use of this Site and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the patient information, and you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws.
ELITE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE SITE OR THE SERVICES.
Links to Other Web Sites. Links to third party Web Sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Thus, Elite does not control nor endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Sites linked to this Site, you do this entirely at your own risk.
Disclaimer. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Elite further does not warrant the accuracy, adequacy, or completeness of the materials at this Site and expressly disclaims liability for errors and omissions therein. Elite may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Elite makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Elite business contact (if any) for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Your use of this Site is at your own risk, and it is your responsibility to take precautions to ensure that the pages and other materials are free from viruses, worms, Trojan horses, time bombs or other items of a destructive nature. This Site may not be compatible with the web browser or other software you use. There is no guarantee that the Site will be available on a consistent or ongoing basis, and the provision of this Site may be subject to periods of interruption or poor performance and may be terminated at any time.
Limitation of Liability. IN NO EVENT WILL ELITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold Elite harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) your breach of the terms of this Agreement; and (ii) your unauthorized or unlawful use of the Site.
Cautionary Language Regarding Forward-Looking Statements. This Site may contain estimates, projections or other statements that are forward-looking in nature (“Forward-Looking Statements”). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. Elite undertakes no obligation to publicly update or revise any Forward-Looking Statements.
QUESTIONS, COMMENTS, AND NOTICES. Elite may deliver notice to you by electronic mail, a general notice on this Site, or by written communication delivered by First Class U.S. Mail to your address on record with Elite. You may deliver notice to Elite by using the Contact Us feature.