Terms & Conditions

Welcome to the BSI Medical Supply, Inc. BSI Web Site Terms of Use. These Terms of Use apply to all users of BSI Medical Supply, Inc. BSI Web Site. BSI Medical Supply, Inc. and its commonly owned affiliates and any other entity providing or granting use of or access to any data, information services, software, or products in any way relating to BSI Web Site (“BSI Medical Supply, Inc.” “we” or “us”), provides access to and use of certain internal BSI Medical Supply, Inc. systems to you its customer via BSI Web Site, which displays certain data, including, without limitation, product catalog/pricing/inventory access; product order creation/editing/submission/tracking; product payment tracking and management; customer activity reports and analysis; product standardization and accounts receivable data. Use of BSI Web Site is governed by these Terms of Use so it is important that you take a few minutes to read them.

Your use of BSI Web Site is conditioned upon your acceptance without modification of the terms, conditions and notices contained in these Terms of Use. At the end of these terms of use you will be asked the following three (3) questions:(i) Have you read the above Terms of Use? (ii) Do you understand these Terms of Use? (iii) Do you agree to these Terms of Use? You will be required to answer these questions by marking either the “Yes” box or the “No” box after the questions. By marking the “Yes” boxes you accept these terms and conditions and will be legally bound by them. You are encouraged to print a copy of these Terms of Use for your records. If we decide to change the Terms of Use, we will post those changes on this page so that you are always aware of the rules that apply to your use of BSI Web Site. You will be required to accept any amendments to or supplemental Terms of Use that are posted by us by answering these questions again in the manner described above.

Electronic Communications

When you visit the Site 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 or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Trademarks

Copyright (©2015) BSI Medical Supply. All rights reserved. We or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.

BSI Medical Supply, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on this web site are the trademarks, service marks, trade names or other protected intellectual property of BSI Medical Supply, BSI Day Care Supply or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.

Account Responsibilities

You may use the content on our web site only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution or transmission in any way without the prior written consent of BSI Medical Supply is strictly prohibited. BSI Medical Supply reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.

Site Etiquette and Restricted Behavior

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Pricing and Promotions

BSI Medical Supply makes every effort to provide accurate information about products and their pricing on its website. However, pricing and/or typographical mistakes may, on rare occasions, appear on this website. For this reason, BSI Medical Supply/BSI Day Care Supply cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, BSI Medical Supply reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, BSI Medical Supply will notify you of the cancellation. Prices and availability are subject to change without notice.

Maximum Order Limits

BSI Medical Supply reserves the right to set quantity-per-order limits on any and all items sold on this website. BSI Medical Supply may also limit the item quantity available to any single facility or location over a given period of time. These restrictions may be applied to orders using the same credit card and/or billing or shipping address.

Product Substitutions

A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.

Limitation of Liability

We provide content on this web site as a service to you, our customer. Our web site cannot, and does not, contain information about all medical conditions. It may not contain all information that is applicable to your personal circumstances. The content is not intended for diagnosis and should not be used as a substitute for consultation with patient or client physician. The content of this web site, the server that makes it available, and the services and products we provide on our web site, are provided on an “as is” and “as available” basis without warranty of any kind, whether express, implied or statutory. BSI Medical Supply expressly disclaims liability for technical failures (including hardware or software failures), incomplete, scrambled or delayed computer transmissions and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties.

To the full extent not precluded by applicable law, BSI Medical Supply their medical advisors, suppliers, consultants, directors and employees (collectively throughout, “BSI Medical Supply”) disclaim and exclude all warranties with respect to all services, information and/or products contained on this web site, or linked hereto (collectively throughout, “content”), express, implied or statutory. This disclaimer includes, but is not limited to, any and all warranties of merchantability, fitness for a particular purpose and non-infringement. BSI Medical Supply does not warrant content to be accurate, complete or current. BSI Medical Supply does not warrant that its web site will operate without error, that defects will be corrected or that this site or the server making it available are free of viruses or other harmful components. Price and availability content, as well as other content contained in the web site or accessible therefrom, is subject to change without notice.

This web site includes content provided by third parties. BSI Medical Supply is a distributor of such content and not its publisher. BSI Medical Supply editorial control of such content is the same as that of a public library or news stand. Our third party suppliers may express certain opinions or provide certain information and offers. BSI Medical Supply makes no warranties as to the completeness, accuracy, timeliness, or reliability of information or offers supplied by third parties and published by BSI Medical Supply. BSI Medical Supply does not guarantee or warrant the performance of any third party, including any such third party’s conformance to any law, rule, regulation or policy.

BSI Medical Supply does not warrant that information, services, and products contained in this web site will satisfy your requirements or that they are error or defect-free. Before using any product, you should confirm any information of importance to you on the product packaging. You assume responsibility for the accuracy, appropriateness and legality of any information you supply BSI Medical Supply.

BSI Medical Supply reserves the right to limit quantities on all items. Each advertised item must be readily available for sale, unless specifically noted on this website will not issue a rain check or place a backorder for items that are out of stock.

By your use of this web site, you acknowledge that such use is at your sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this web site

As partial consideration for your access to our web site and use of its content, you agree that BSI Medical Supply is not liable to you in any manner whatsoever for decisions you may make or your actions or nonactions in reliance upon the content. You also agree that the aggregate liability of BSI Medical Supply arising from or related to your use and access, regardless of the form of action or claim (for example, contract, warranty, tort, negligence, strict liability, professional malpractice, fraud, infringement or other bases for claims), is limited to the purchase price of any items you purchased from BSI Medical Supply in the applicable transaction. BSI Medical Supply shall not in any case be liable for any direct, indirect, special, incidental, consequential, or punitive damages even if BSI Medical Supply has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all losses and damages of any kind. If you are dissatisfied with our web site or its content (including terms of use), your sole and exclusive remedy is to discontinue using our web site. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation may not be applicable to you.

Export Regulations

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Rights of BSI Medical Supply & BSI Day Care Supply

We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price 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. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

Applicable Law

We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Florida, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Florida, U.S.A.

Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Modification of Terms

BSI Medical Supply reserves the right to amend these Terms and the additional Terms here below at any time, for any reason and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by BSI Medical Supply will be prospective only.

Entire agreement, venue and choice of law

These Terms constitute the entire agreement between you and BSI Medical Supply governing your use of this web site, www.BSIMedicalSupply.com. These Terms may be changed or updated at any time at the sole discretion of BSI Medical Supply. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with BSI Medical Supply, third-party content or third-party software.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law rules. Any litigation arising out of or in connection with these web site shall be exclusively in state or federal courts located in Florida.

If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.
The failure of BSI Medical Supply to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Miscellaneous

BSI Medical Supply’s Web Site is created, controlled and operated by BSI Corporation and its affiliates in the State of California, USA and the location of the applicable affiliate. If you choose to access it from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. BSI Medical Supply, Inc. is located at 8121 Tenth Avenue North, Golden Valley, Minnesota 55427 and can be reached by telephone at (800) 328-8111.

BSI Medical Supply, Inc. reserves the right to change the terms of this Terms of Use, disclaimers and policies at any time and without notice. If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Direct further questions regarding our Terms of Use to:

BSI Medical Supply, Inc.
5600 Union Road
Gastonia, NC 28056
Phone: (704) 869-9091