Terms & Conditons

Cladis Medical PLLC Website Terms and Conditions
Last update: December 2023

Welcome to Cladis Medical PLLC’s e-commerce website. Your use of the Cladis Medical PLLC website is subject to the following terms and conditions (“Terms”). Please read these Terms carefully before using our website or using/purchasing our goods. Your use of our website and/or use/purchase or our goods is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use our website and/or our products. By accessing our website and/or using/purchasing our goods, you agree to be bound by these Terms. If you disagree with or do not accept any part of these Terms, please immediately discontinue your use of our website and do not purchase or use our goods.

You represent that you are over the age of 18. Cladis Medical PLLC does not permit those under 18 to use its website or use/purchase its goods.

INTELLECTUAL PROPERTY

All website content and goods offered and sold by Cladis Medical PLLC, such as text, graphics, names, logos, button icons and images, and presentation of our dosing sheets is proprietary to Cladis Medical PLLC and protected by United States and international intellectual property laws. Under no circumstances shall you use any intellectual property of Cladis Medical PLLC without prior written consent from Cladis Medical PLLC. For inquiries on obtaining written consent from Cladis Medical PLLC, email [email protected].

LICENSE AND SITE ACCESS

Cladis Medical PLLC grants to you a limited, revocable license to access and make personal use of its website and not to download (other than page caching) or modify it, or any portion of it, except with prior written consent from Cladis Medical PLLC. This limited, revocable license does not include any resale or commercial use of its website; any collection or use of product listings, descriptions, or prices; any derivative use of the Cladis Medical PLLC website or intellectual property; any use whatsoever, including copying, of information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without prior written consent from Cladis Medical PLLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without prior written consent from Cladis Medical PLLC. You may not use any meta tags or any other "hidden text" utilizing the name Cladis Medical PLLC or anything confusingly similar thereto or any logos of Cladis Medical PLLC without prior written consent from Cladis Medical PLLC. Any unauthorized use by you or done at your direction shall immediately revoke and terminate your limited license.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may submit to Cladis Medical PLLC reviews, suggestions, ideas, comments, questions, or other information, so long as the submission is not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or harmful to third parties or objectionable and does not consist of or contain software viruses, political campaigning, 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 to the origin of the submission. Should any such submission be publicly viewable, Cladis Medical PLLC reserves the right (but not the obligation) to remove or edit such submission.

If you do post content or submit any material to Cladis Medical PLLC, and unless Cladis Medical PLLC indicates otherwise, you grant to Cladis Medical PLLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Cladis Medical PLLC and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit to Cladis Medical PLLC; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury or harm to any person or entity; and that you will indemnify Cladis Medical PLLC for all claims resulting from content you supply to Cladis Medical PLLC. Cladis Medical PLLC has the right but not the obligation to monitor and edit or remove any activity or content on its website. Cladis Medical PLLC takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY INFRINGEMENT

Cladis Medical PLLC respects the intellectual property rights of others. It is Cladis Medical PLLC’s policy to respond to any claim that content posted on its website infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Cladis Medical PLLC website, you must and shall submit your notice in writing to the attention of our copyright agent via email at [email protected] and you must and shall include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright. In the event of violation of this provision, your immediate termination of your account or use of the Cladis Medical PLLC website may occur and/or legal proceedings may be brought against you. In the event that legal proceedings are brought against you, you agree to indemnify Cladis Medical PLLC and hold Cladis Medical PLLC harmless and pay any attorneys’ fees Cladis Medical PLLC may incur in relation to such proceedings.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Cladis Medical PLLC website where the material that you claim is infringing is located.
• Your address, telephone number, and email 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.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, Cladis Medical PLLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

PRODUCT DESCRIPTIONS

Cladis Medical PLLC attempts to be as accurate as possible. However, Cladis Medical PLLC does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Cladis Medical PLLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using the Cladis Medical PLLC website and/or using/purchasing Cladis Medical PLLC goods, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.

DISPUTES

Any dispute relating in any way to your visit to the Cladis Medical PLLC website or to products or services sold or distributed by Cladis Medical PLLC in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Harris County, Texas, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Cladis Medical PLLC reserves the right to make changes to its website, policies, and these Terms at any time for any reason. If any of these Terms shall be deemed invalid, void, or for any reason legally unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.