Surgical Tools, Inc. / surgicaltools.com ("Surgical Tools") provide website features and other products and services to you when you visit or shop at surgicaltools.com subject to the following terms and conditions.
By using Surgical Tools services or products, you agree to these conditions. Please read them carefully.
We offer a wide range of Surgical Tools services and products, and sometimes additional terms may apply. When you use a Surgical Tools service or product you also will be subject to the guidelines, terms and agreements applicable to that service or product. If these Conditions of Use are inconsistent with specific service terms or product terms, those terms will control.
When you use any Surgical Tools service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on this site, or through other Surgical Tools services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Surgical Tools service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Surgical Tools or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Surgical Tools service is the exclusive property of Surgical Tools and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available via any Surgical Tools service are trademarks or trade dress of Surgical Tools in the U.S. and other countries. Surgical Tools trademarks and trade dress may not be used in connection with any product or service that is not Surgical Tools, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Surgical Tools. All other trademarks not owned by Surgical Tools that appear in any Surgical Tools service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Surgical Tools.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Surgical Tools or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Surgical Tools services. This license does not include any resale or commercial use of any Surgical Tools service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Surgical Tools service 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. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Surgical Tools or its licensors, suppliers, publishers, rights-holders, or other content providers. No Surgical Tools service, nor any part of any Surgical Tools service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Surgical Tools. 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 Surgical Tools without express written consent. You may not use any meta tags or any other "hidden text" utilizing Surgical Tools name or trademarks without the express written consent of Surgical Tools. You may not misuse the Surgical Tools services. You may use the Surgical Tools services only as permitted by law. The licenses granted by Surgical Tools terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Surgical Tools service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Surgical Tools does sell medical products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Surgical Tools services only with involvement of a parent or guardian. Surgical Tools reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Surgical Tools reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Surgical Tools a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Surgical Tools and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Surgical Tools for all claims resulting from content you supply. Surgical Tools has the right but not the obligation to monitor and edit or remove any activity or content. Surgical Tools takes no responsibility and assumes no liability for any content posted by you or any third party.
Surgical Tools respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately.
RISK OF LOSS
All items purchased from Surgical Tools are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Surgical Tools does not take title to returned items until the item arrives at our VA warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Surgical Tools does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policies.
Surgical Tools always attempts to be as accurate as possible. However, Surgical Tools does not warrant that product descriptions or other content of any Surgical Tools service is accurate, complete, reliable, current, or error-free. If a product offered by Surgical Tools is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Surgical Tools service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which is the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Surgical Tools Web prices and Federal Government Supply Schedule prices are calculated based on varying discount levels from List Price or Suggested Price .
With respect to items sold by Surgical Tools, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Surgical Tools is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
SURGICAL TOOLS SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Surgical Tools services.
Any dispute or claim relating in any way to your use of any Surgical Tools service, or to any products or services sold or distributed by Surgical Tools or through surgicaltools.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to us at Surgical Tools, Inc., 1106 Monroe Street, Bedford VA, 24523. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Surgical Tools will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed upon location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Surgical Tools Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use, and any dispute, of any sort, that might arise between you and Surgical Tools.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Surgical Tools Inc.
1106 Monroe Street Bedford, VA 24523
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to us in writing by certified and notarized letter. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying Surgical Tools that your copyrighted material has been infringed.
Additional Surgical Tools Software Terms
- Use of the Surgical Tools Software. You may use Surgical Tools Software solely for purposes of enabling you to use and enjoy the Surgical Tools services as provided by Surgical Tools, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Surgical Tools Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Surgical Tools Software or otherwise assign any rights to the Surgical Tools Software in whole or in part. You may not use the Surgical Tools Software for any illegal purpose. We may cease providing any Surgical Tools Software and we may terminate your right to use any Surgical Tools Software at any time. Your rights to use the Surgical Tools Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Surgical Tools Software that are specifically identified in related documentation may apply to that Surgical Tools Software (or software incorporated with the Surgical Tools Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Surgical Tools service is the property of Surgical Tools or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Surgical Tools Software, whether in whole or in part, or create any derivative works from or of the Surgical Tools Software.
- Updates. In order to keep the Surgical Tools Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Surgical Tools Software. If you are a U.S. Government end user, we are licensing the Surgical Tools Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Surgical Tools Software are the same as the rights we grant to all others under these Conditions of Use