Terms of Sale
Revised on July 8, 2011
This Terms of Sale Agreement (this "Agreement") constitutes a binding legal contract between you and Prime Medical Alert, the owner and operator of the PrimeMedicalAlert.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. This Agreement is intended to supplement the website Terms of Use. Prime Medical Alert takes the issue of privacy on the Internet very seriously. To view Your Privacy Policy.
You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime) notice. If other items are purchased from the Site that are subject to sales tax, Prime Medical Alert will make customers aware of the tax amount due at the point of purchase. Since this is a service, in most situations, there will be no tax associated with an order and additionally durable medical goods are usually not taxed.
Product Description; Refunds or Exchanges
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. In order to get a full refund, simply return the sent items in the same condition in which they were received within 7 days and a full refund will be made to the purchaser.
Display
We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor's display of any color or detail. For optimal viewing, we recommend setting your monitor to 1024 x 768.
Payments and Disputed Payments
Upon placing an order, Prime Medical Alert will phone you to receive payment information before finalizing the order if necessary. We accept major credit cards. You will bear all costs associated with a disputed credit card charge which results in action from Prime Medical Alert's merchant account provider, otherwise known as "chargebacks".
Pricing; Shipping; Pricing Errors; Other Errors
Prices offered on the Site are quoted in U.S. Dollars. Since shipping is included in the price of all of Prime Medical Alert's products and services, shipping and handling, expedited service, or sales taxes, if applicable, will be included in your order total. The user is responsible for any shipping and handling charges when returning the items. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Shopping & Security
Please click here to view Your Privacy Rights which describes our security procedures. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. If you bank does hold you liable for up to $50 for purchases made fraudulently at the Site, Prime Medical Alert will reimburse you the full amount charged by your bank, but only if the unauthorized use of your credit card resulted through no fault of your own for purchases made at the Site. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.
Order Status
Once you place an order, Prime Medical Alert will send you a personalized email within one business day and provide you with an order confirmation number. When your order is shipped, Prime Medical Alert will send you a shipment confirmation email with the shipping carrier tracking number, if available. In addition, you can review the status of these order numbers by logging into PrimeMedicalAlert.com, selecting "Manage Your Account" and viewing your order history online. If a carrier tracking number is available, you can click on the carrier tracking number to view the detailed delivery status of your order. By placing an order with Prime Medical Alert, you consent to receive email from Prime Medical Alert regarding your order. You can always contact us at 1-800-623-6442 if you have any questions concerning your order.
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF PRIME MEDICAL ALERT. YOU ACKNOWLEDGE BY YOUR USE OF PRIME MEDICAL ALERT PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH PRIME MEDICAL ALERT'S PRODUCTS. PRIME MEDICAL ALERT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
PRIME MEDICAL ALERT HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT PRIME MEDICAL ALERT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301. Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST PRIME MEDICAL ALERT ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS PRIME MEDICAL ALERT FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE. Top
Governing Law and Venue
This Agreement, the entire relationship between you and Prime Medical Alert, and any litigation or other legal proceeding between you and Prime Medical Alert (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its choice of law rules. This contract is fully performable in Scottsdale, Arizona 08/11