TERMS & CONDITIONS
The Spalding Drive Medical Supply, LLC website located at www.nosecomfort.com (the “Website”) is a copyrighted work belonging to Spalding Drive Medical Supply, LLC (including any of its subsidiaries or corporate affiliates, collectively, “Spalding Drive Medical Supply”, “NoseComfort”, “we” or “us”).
In order to use certain features of the Website (e.g., purchasing Products from the Website), you may be asked to register for an account with Spalding Drive Medical Supply (“NoseComfort Account”) and/or provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable law or regulation or the terms of this Agreement.
You are responsible for maintaining the confidentiality of your NoseComfort Account login information and are fully responsible for all activities that occur under your NoseComfort Account. You agree to immediately notify Spalding Drive Medical Supply of any unauthorized use, or suspected unauthorized use of your NoseComfort Account or any other breach of security.
TERMS OF SALE
By placing an order with Spalding Drive Medical Supply, you are offering to purchase a product and/or service at the price set by us and representing that you are at least 18 years old, you are representing that all information you provide to us in connection with such order is true and accurate, and representing that you are an authorized user of the payment method provided.
Products and Pricing
The products listed on the Website (“Products”), including related information and pricing, are each subject to change. Spalding Drive Medical Supply reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Spalding Drive Medical Supply will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product.
For each Product you order on the Website, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees (shipping fees) for the delivery service you select (“Delivery Fees or Shipping Fees”), and any applicable Taxes (defined below). Spalding Drive Medical Supply will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Spalding Drive Medical Supply.
Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy are either that (a) we will issue a credit to your credit card account in the amount charged for the canceled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order.
• All Providers and consumers pay actual shipping costs at their preferred method of freight.
Products are sold on a guaranteed sale basis in accordance with the following policy:
Products Eligible for Return
Spalding Drive Medical Supply will issue authorization for return of products (RMA) by Providers and Consumers that meet the following criteria:
Products received damaged may be returned for replacement product within 5 days of receipt. Please have freight company note “Damaged” or “Broken” on the freight bill. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.
Received in Error
Products shipped in error by Spalding Drive Medical Supply may be returned, if applicable, for full credit, including shipping when returned within fourteen (14) days of invoicing. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.
Products received damaged may be returned for replacement product within 5 days of receipt. Please have freight company note “Damaged” or “Broken” on the freight bill. Request RMA (Return Merchandise Authorization) for your order directly from Customer Service or login to your online account portal at the Website.
Received in Error
Products shipped in error by Spalding Drive Medical Supply may be returned, if applicable, for full credit, including shipping when returned within fourteen (14) days of invoicing. Original packing must be intact, and product NOT used in order to obtain a full refund. Request RMA (Return Merchandise Authorization) for your order directly from Customer Service or login to your online account portal at the Website.
Patient Dissatisfied (Purchased directly by a consumer)
Any product purchased by a consumer directly from Spalding Drive Medical Supply may be returned directly to Spalding Drive Medical Supply within thirty (30) days of receipt. Product must not have been used and must be in original condition for a full refund. Original shipping charges will not be refunded and customer pays for return shipping. A 15% restocking fee may apply.
To obtain authorization to return product for replacement or credit, contact Customer Service or login to your web portal at the Website to initiate the return process.
Products Not Eligible for Return:
1. Product involved in fire, sacrifice or bankruptcy sale; or items that have been damaged due to conditions beyond the control of the manufacturer, such as improper storage, heat, cold, water, smoke, fire, and negligence.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Spalding Drive Medical Supply reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that Spalding Drive Medical Supply will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website (excluding any User Content (defined below) are owned by Spalding Drive Medical Supply or our licensors. The provision of the Website does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Spalding Drive Medical Supply and its suppliers reserve all rights not granted in this Agreement.
By using your User Content with the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Spalding Drive Medical Supply an irrevocable, nonexclusive, royalty-free, and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Spalding Drive Medical Supply will treat any feedback or suggestions you provide to Spalding Drive Medical Supply as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Spalding Drive Medical Supply to the contrary, you agree that you will not submit to Spalding Drive Medical Supply any information or ideas that you consider to be confidential or proprietary.
ACCEPTABLE USE POLICY
The following sets forth Spalding Drive Medical Supply’s “Acceptable Use Policy”:
You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (a) that violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Website to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Website, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Website.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your NoseComfort Account in accordance with Section ‘Term & Termination’, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information consider necessary or appropriate, including your NoseComfort Account username and password, IP address and traffic information, usage history, and your User Content.
THIRD PARTY SITES & OTHER USERS
The Website might contain links to, or advertisements for, third-party websites (collectively, “Third-Party Sites”). Such Third-Party Sites are not under the control of Spalding Drive Medical Supply and Spalding Drive Medical Supply is not responsible for any Third-Party Sites. Spalding Drive Medical Supply provides these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. You use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Each Website user is solely responsible for any and all its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users are solely between you and such user. You agree that Spalding Drive Medical Supply will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
You hereby release us, our officers, employees, consultants, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website users or Third-Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
ALL INFORMATION CONTAINED ON THE WEBSITE (“SITE CONTENT”), INCLUDING INFORMATION ON SKIN CONDITIONS, PRODUCTS AND TREATMENT, IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT PROVIDED AS MEDICAL ADVICE AND SHOULD NOT BE CONSTRUED AS MAKING ANY RECOMMENDATIONS. IT SHOULD NOT BE RELIED UPON BY ANYONE AS THE SOLE BASIS FOR ANY DECISION OR ACTION, INCLUDING PHYSICIANS MAKING MEDICAL DECISIONS. SPALDING DRIVE MEDICAL SUPPLY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS IN THE SITE CONTENT. SITE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE SITE CONTENT FOR THE DIAGNOSIS OR TREATMENT OF A HEALTH PROBLEM, DISEASE OR CONDITION. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY HEALTH-RELATED CHANGES. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, SPALDING DRIVE MEDICAL SUPPLY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE SITE CONTENT.
LIMITATION ON LIABILITY
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, PRODUCTS AND THIRD-PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID RECOVERY CARE PRODUCTS IN THE PRIOR 12 MONTHS.
You agree to indemnify and hold Spalding Drive Medical Supply, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, consultants, agents, and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Website or Products, (b) your User Content, or (c) your violation of this Agreement. Spalding Drive Medical Supply reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Spalding Drive Medical Supply. Spalding Drive Medical Supply will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM & TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Website. We may (a) suspend your rights to use the Website (including your NoseComfort Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your NoseComfort Account and right to access and use the Website will terminate immediately. You understand that any termination of your NoseComfort Account involves deletion of your User Content associated therewith from our live databases. Spalding Drive Medical Supply will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your NoseComfort Account or deletion of your User Content.
Spalding Drive Medical Supply respects the intellectual property of others and asks that users of our services do the same. In connection with our services, it is our policy to remove infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please contact us and provide the following information:
Changes to Terms of Service
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any material changes to this agreement will be effective upon the earlier of 30 calendar days following our dispatch of an e-mail notice to you (if applicable) or 30 calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Copyright © 2021, Spalding Drive Medical Supply, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Spalding Drive Medical Supply disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Spalding Drive Medical Supply does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Spalding Drive Medical Supply does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.