Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement regarding this subject matter between you and Premier Care Industries are superseded and of no force or effect.
Terms and Conditions
1. Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Premier Care Industries neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Premier Care Industries
2. While Premier Care Industries uses reasonable efforts to include accurate and up-to- date information on the Site, Premier Care Industries makes no warranties or representations as to its accuracy. Premier Care Industries assumes no liability or responsibility for any errors or omissions in the content on the Site.
3. Your use and browsing of the Site is at your risk. Neither Premier Care Industries or any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or the inability to use, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FIRST QUALITY DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PREMIER CARE DOES NOT WARRANT THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR MATERIAL ON THIS SITE, OR THE RESULTS OF THE USE OF SUCH INFORMATION OR MATERIALS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Premier Care Industries also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used without restriction Premier Care Industries or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Premier Care Industries is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, Premier Care Industries. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.
6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including those of Premier Care Industries are registered and unregistered Trademarks of Premier Care Industries and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the advance written permission of Premier Care Industries or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised the Premier Care Industries will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. The Premier Care Industries products depicted on this site may be protected and covered in one or more foreign and/or US patents. Specific product names and patent numbers listings can be requested from the company headquarters.
8. Premier Care Industries has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
9. Although Premier Care Industries may from time to time monitor or review transmissions and the like on the Site, Premier Care Industries is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Premier Care Industries will fully cooperate with any law enforcement authorities or court order requesting or directing Premier Care Industries to disclose the identity of anyone posting any such information or materials.
10. Premier Care Industries may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
11. By using this site, you agree that this agreement shall be governed by and construed under the laws of the Commonwealth of New York and in the event that you shall file a lawsuit pertaining to this website that the lawsuit will take place in the Federal District Court for the Eastern District of New York. If any provision of this Agreement shall be deemed void or unenforceable, the remainder of the Agreement shall nonetheless be enforceable. For information regarding this website or for comments or questions regarding the material contained herein, please contact our Corporate Headquarters at 800-320-6603 or info@precare.com.
