Terms of Use

Crest Electronics, Inc. d/b/a Crest Healthcare Supply (“Crest”) operates the web site located at www.cresthealthcare.com (the “Site”) to provide online information about Crest and its products (the “Service”).

1.  Applicability.  By accessing and using the Site, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Site. If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas.  If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.

2.  Changes in Terms of Use.  Crest reserves the right to modify these Terms of Use at any time. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use the Site. The last date these Terms of Use were revised is set forth below.

3.  Health Information.  The information provided on the Site is not intended to be a substitute for professional medical advice, diagnosis or treatment.  Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding the use of any medical device or drug, or any medical condition.    
 

4.  Intellectual Property.  The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to Crest or its partners, affiliates, contributors or licensors.  The use or misuse of the Content on this site, except as provided in these Terms of Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited.  You may use the Site, the Service and the Content solely for your personal, non-commercial use as follows:  You may print copies of the information on the Site for your personal use, store the files on your computer for personal use, or reference this server from your own documents.  You may not otherwise copy, distribute or display any Content without Crest express written consent.  Subject to this limited license, Crest reserves all right, title and interest in all Content.

5.  Disclaimer of Warranties.  YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT.  CREST MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. CREST EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT.  CREST DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. CREST DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.  THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

6.  Limitation of Liability.  YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CREST BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO direct, indirect, incidental, consequential, or punitive damages ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF CREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, CREST’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

7.  Indemnification.  You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Content. You agree to indemnify, defend and hold harmless Crest, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Service, or the Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service through your user account.

8.  Errors and Inaccuracies.  The information in the Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. Crest reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Crest does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. Crest reserves the right to refuse to fill any orders that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, shipping, payment terms, or return policies.

9.  Links to Third Party Sites.  As a convenience to Site users, Crest may provide hypertext links to third party web sites.  Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Crest of the third party, the third-party web site, or the information contained therein.  You acknowledge and agree that Crest is not responsible for the availability of any such web site, and that Crest does not endorse or warrant, and is not responsible or liable for, any such web site, its content, its privacy policy or practices, or the acts or omissions of its operators. 

10.  Personal Information and Privacy Statement.  Crest may monitor, record, collect and use for any lawful purpose information generated through your use of the Site.  Crest’s collection and use of such information is described in Crest’s Privacy Statement.  Your obligations under these Terms of Use are in no way conditioned on Crest’s compliance with the terms of the Privacy Statement.

11.  User Supplied Material.  If you supply any comments, information or material via the Site, you guarantee to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity.  You further agree that all information or material you supply to us through the Site shall be deemed and shall remain our property, and you hereby assign to Crest all right, title, and interest in and to any such information or material, without any restriction or obligation to you. 

12. General Provisions

Entire Agreement.  Together with the additional terms and conditions applicable to specific areas of the Site or to particular transactions, these Terms of Use 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 Crest of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Choice of Law and Venue.  Any and all disputes relating to these Terms of Use, your use of the Site, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions.  Any Dispute will be venued in a state or federal court situated in the State of Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

Severability.  If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.

General Contact Information.  If you have any questions about these Terms of Use, the Site, the Service, or the Content, you may contact us by:

• sending an e-mail request to webadmin@cresthealthcare.com; or
• sending a letter via the U.S. Mail to:
  Crest Healthcare Supply, Inc.
  P.O. Box 727
  Dassel MN 55325-0727

Last Revised: 09/02/05