TERMS AND CONDITIONS
THE USE OF THE SCRUBS 2 GO WEB SITE, PRODUCTS, FEATURES AND OR SERVICE CONSTITUTES AGREEMENT TO OUR TERMS AND CONDITIONS BELOW. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT TERMS AND CONDITIONS GOVERNING THE SERVICES PROVIDED BY SCRUBS 2 GO AND YOUR RESPONSIBILITIES, OUR OBLIGATIONS AND INCLUDE LIMITS ON OUR LIABILITY, INDEMNITY AND OTHER IMPORTANT INFORMATION. SCRUBS 2 GO MAY CHANGE THIS WEB SITE AND OR THESE TERMS AND CONDITIONS, AT ITS SOLE DISCRETION, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU. THE CONTINUED USE OF THIS WEB SITE BEFORE OR AFTER ANY CHANGES TO THIS WEB SITE CONSTITUTES ACCEPTANCE OF ANY SUCH CHANGES. IT IS YOUR SOLE RESPONSIBILITY TO READ THESE TERMS AND CONDITIONS PERIODICLY FOR UPDATES TO THIS WEB SITE. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
Any and all Scrubs 2 Go use of this website and or purchase or sale of any Product, Feature or Service(s) hereunder is to be referred to as the “Agreement”.
This Agreement is effective as of the date indicated on the “Order” and or “Order Confirmation” and is by and between Scrubs 2 Go hereunder referred to as the “Company”, and You, the Customer or Person(s) whose name(s) appear(s) under the words “Member Information” or “Member” and “User” and, if different, the Person(s) responsible for payment hereunder referred to as the “Payer” and or whose name appears under the words “Payer Information” on the Order Confirmation or Service Agreement “Payer” or “Billing” on the Scrubs 2 Go website, Order, Order Confirmation and or Agreement.
The Customer, Member and or Payer are commonly referred to as "You" or "Your." The Company is sometimes referred to as "We," "Us" or "Our”. The Scrubs 2 Go website is sometimes referred to as “Site” or “System”.
In addition, some Product, Feature and or Service offered through the Agreement may be through third party vendor(s), which are subject to additional terms and conditions. Your use of such Product, Feature and or Service may be subject to additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
In order to purchase any Product, Feature and or Service(s) we request personal information from you so that we may open an account for you, fulfill your order, and maintain a record of your account. You must provide contact information, such as your address and phone number, so that we may create an account for you and or to request more information. We do not retain, share, store or use your personal information for any secondary purposes and will exercise reasonable care to prevent the use and or disclosure of such information.
As part of the registration process, you must agree to these Terms, and may then be asked to select a user name and password. You may also be required to provide Scrubs 2 Go and or its licensees with certain information about yourself including some types of personally identifying information such as your name, contact information and email address.
Sharing personal identifiable information better enables us to offer you a number of benefits, thus making it easier for you to: (i) Receive special offers and messages that are of interest to you; (ii) Allows you to easily request information specific to your interests; (iii) Purchase additional products online; (iv) Participate in online communities; (v) Save us time by storing your personal preferences; and (vi) Register your purchase to receive the benefits of which your purchase entitles you to. Sharing your information also helps us to conduct market research for a better user experience.
If you choose not to provide us with your address, phone number or other personal information makes it difficult for you to open an account with us, receive outstanding customer care and or additional information regarding our services, sales and or future promotions.
The information we collect about you when you visit this website, and or the information you choose to provide to us, is used for the sole purpose of enhancing your personal user experience. The information collected from your order submission will be used for the purpose of creating an account for you, fulfilling your order, and maintaining your account. Your contact information may also be used to follow up on your use of our program and to present you with special offers and or promotions.
We store this information in order to respond to your request or otherwise resolve the subject matter of your message. We use return email addresses to answer the messages we receive, please include return email address in all correspondence to us to provide a more efficient response. Such addresses are not used for any other purpose and are not shared with outside parties.
You, the Customer, Member and or Payer can access all your personally identifiable information that we collect online and maintain by contacting us. We use this process to safeguard your information. To correct any factual errors in your personal information, you can do so, by sending a request in writing that verifies the credible error.
To protect your privacy and for security purposes, we take reasonable steps to verify your identity before granting access to your account or to make any corrections.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the method of operation described herein without also providing you an opportunity to opt-out or otherwise prohibit unrelated uses. Any modification of the Service shall be subject to the terms and conditions. The non-compliance of any of the terms below may result in the termination of your Account.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Scrubs 2 Go may, in its sole discretion, refuse to offer the purchase or sale of any Product, Feature or Service(s) to any person or entity and or change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site and or the purchase of any Product, Feature or Service(s) is revoked in such jurisdictions.
We never share your personal information with any third party, except when required to do so by law.
You, the Customer, Member and or Payer and its employees, when applicable, must take reasonable measures to maintain the confidentiality and security of all user names and passwords issued to the Customer and its employees. The Customer must immediately notify Scrubs 2 Go in writing if the Customer becomes aware of any unauthorized use of any user name, password or any other security breach regarding the System. The Customer will be solely responsible for all activities conducted under the Customer’s and its employee user names and or passwords.
PAYMENT & LATE FEES
You, the Customer, Member and or Payer must provide the Company with a valid credit card and or copy of voided check (when applicable) for Electronic Funds Transfer (EFT) or Automated Clearing House (ACH) purposes for which will be charged. When applicable, you authorize us to charge the Customer, Member or Payer credit card on file or debit the Customer, Member or Payer checking account, or other payment method designated by you, the Customer, Member and or Payer and is accepted by the Company or in advance for payment in the amount stated on the Order, Order Confirmation and or Agreement.
When applicable you, the Customer, Member and or Payer are responsible for any late fees and or other amounts due under this Agreement, if a payment is not made for any reason, including an expired credit card or insufficient funds in a checking account, you the Customer, Member and or Payer agree to pay us a late fee for the administrative costs of $35.00 for each late payment or event, or such lower amount without limitation as may be permitted or authorized by law.
You, the Customer, Member and or Payer authorize and consent to credit investigations, the Company obtaining credit reports regarding your credit history and the Company providing information concerning your credit to reporting agencies.
You, the Customer, Member and or Payer are required to keep account current and in good standing including but not limited to, updating the credit card information, expiration date to continue billing the credit card. You, the Customer, Member and or Payer may update the method of payment at any time by contacting the Company at (888) 908-8732.
The purchase or sale of any Product, Feature or Service fees are net of any applicable sales tax. If the purchase or sale of any Product, Feature or Service fees is subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. For purposes of these Terms, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to you that is the functional equivalent of a sales tax and the applicable taxing jurisdiction does not otherwise impose a sales or use tax. We may automatically charge and withhold such taxes within any jurisdictions that it deems is required.
AS BETWEEN YOU AND US, ALL RIGHTS ARE RESERVED AND ALL CONTENT POSTED TO OR ON OUR WEBSITE BELONG TO US AND OR ARE LICENSED BY US WITH THE RIGHT TO ENFORCE INTELLECTUAL PROPERTY RIGHTS AND SUCH CONTENT. OTHER THAN STATED IN THE SITE SUBMISSION CLAUSE BELOW YOU MAY NOT DUPLICATE, PUBLISH, BROADCAST, PHOTOCOPY, COPY EITHER ELECTRONICALLY OR MECHANICALLY ANY CONTENT FROM THIS SITE WITHOUT OUR WRITTEN PERMISSION PURSUANT TO THESE TERMS AND CONDITIONS AND SIGNED BY US.
Scrubs 2 Go and its licensees, reserve all rights, to this website and material including, but not limited to, scripts, artwork, text, product names, photographs, catalogs, video, images and audio, sound or jingle collectively, referred herein as “Content” and is protected through the United States and international copyright law and are the property of Scrubs 2 Go and or its licensees. You may not use or access this website for any competitive or commercial purpose. All Content provided through our website is provided as a service to prospective visitors and may be used only for personal, informational, and product ordering purposes.
Any information other than stated in the Site Submission section below, contained herein this website may not be published, reproduced, sold, licensed, transmitted, distributed, displayed, modified, broadcast, rewritten, copied, photocopied, either electronically or mechanically duplicated in part or in full, or recreated from and or to otherwise exploit the website or any of its Content or distributed by any means without prior written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such Content is prohibited. Copying is a violation of applicable laws, including the Copyright Act of 1976, as amended. Violators will be prosecuted. All rights reserved.
Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site hereby referred to as “User Content”.
All rights reserved, Scrubs 2 Go allows you to post, re-post and or share User Content provided as a service to our prospective visitors and current customers and may be used only for informational, personal, and product ordering purposes through this website on social media sites such as Instagram, Facebook, Twitter or similar services. This permission is a limited license to use the User Content for social purposes and not for any competitive or commercial purpose and does not represent a transfer of title.
By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (i) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or other material or information to the Company, you grant Scrubs 2 Go a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure herein these Terms below.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site and or Service, including but not limited to any mobile Application Technology are: (i) copyrighted by us and or our licensees under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensees. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensees.
You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology. Nothing in the Agreement grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according the Agreement.
The Company hereby owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site considered as “Site Materials”, as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials.
All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to the Company or its affiliates, licensees, and or suppliers. The use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
Furthermore, nothing in the Agreement will be deemed to grant or otherwise license to Our Technology. Certain names, logos, and other materials displayed on the Site or in the Services constitute trademark, trade name, service marks or logos, referred to as "Marks" of Scrubs 2 Go or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated with remains with Us or those other entities. Any use of third party software provided in connection with the Site, Mobile Application and or Services will be governed by such third parties' licenses and not by the Agreement.
SITE LINK AND FEEDBACK
The Scrubs 2 Go website may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk.
The Company does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties.
In the event that you provide Us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site and or the Services hereby referred to collectively as "Feedback", you agree we may use the Feedback to modify our products and services and that you will not be entitled to any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
USER CONDUCT AND VIOLATION
Our goal is to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Mobile Application and or Services, use of the Site, Mobile Application and or Services or access to the Site, Mobile Application and or Services for any purposes other than for which the Site, Mobile Application and or Services are intended and provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Site, Mobile Application and or Services; Upload, distribute or print anything that may be harmful to minors; Violate the rights of any third party, including any intellectual property rights; Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software, including the tools, methods, processes, and infrastructure that enables or underlies the Site; Attempt to gain access to secured portions of the Site, Mobile Application and or Services, to which you do not possess access rights; Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; Use the Site, Mobile Application and or Services, to generate unsolicited email advertisements or spam; Use the Site, Mobile Application and or Services, to stalk, harass or harm another individual; Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site, Mobile Application and or Services, including without limitation robots, spiders or scripts; Interfere in any way with the proper functioning of the Site, Mobile Application and or Services, or interfere with or disrupt any servers or networks connected to the Site, Mobile Application and or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, Mobile Application and or Services; Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
You, the Customer, Member and or Payer may be able to post your ideas, comments or content to the Site, including a response to one of our blogs. When doing so You represent and warrant that You will not post or use any content that, including but not limited to: Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; Is false or inaccurate or becomes false or inaccurate at any time; Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; Misrepresents the source of the Content; Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, non-public information; Misrepresents Your identity in any way; Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancel bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; Advocates or encourages any illegal activity; or Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
You, the Customer, Member and or Payer agree to not use the Site, purchase or sale of any Product, Feature or Service(s) for any illegal or unauthorized purposes that violate any local, national, or international law, including but not limited to, import, export, copyright, and trademark law. The Member further agrees to not modify, copy, distribute, display, performance, reproduce, publish, license, create derivative works from, transfer or sell any of the Site Materials, unless otherwise authorized by the Company in advance and in writing. Any attempt to gain unauthorized access to the Company System or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any Services provided through the Site and or attempt by removing, circumventing, disabling, damaging or otherwise interfering in any way with any security related software or features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently only and in accordance to the Terms herein.
The use of our trademark, service mark, brand or trade name in Meta-tag keywords is an infringement of proprietary rights and the use of our trademark, service mark, brand or trade name in page text, Meta-tags and or in hidden text for purposes of higher Search Engine page rankings is considered unfair competition. Any and all back link, deep link, reciprocating link and or any link to any website or web page from our website is prohibited without our written permission. Scrubs 2 Go and its licensees have a zero tolerance policy for using our Scrubs 2 Go licensed trademark, service mark, brand or trade name in any Meta-tag and or in hidden text and is expressly prohibited. Violators will be prosecuted.
Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to the Company and that in the event of such unauthorized use; the Company shall be entitled to an injunction in addition to any other remedies available at law or in equity.
The Company uses reasonable efforts to ensure that the Site is generally available. From time to time, there will be System updates and or occasions when access to the Site will be interrupted or unavailable. The Company will use reasonable efforts to minimize such disruption when applicable and within its reasonable control. You agree that the Company shall not be liable to you for any modification, suspension or discontinuance of the Site.
You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Understand that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to the Company via the Site or the Internet, including, personal identifying information. Always be sure to correspond with us through trusted, secure and private communication services when you are sending us personal information i.e.: your name, address, email and or other private personal information. We accept no responsibility for any Personal Identifying Information, whether in whole or in part, that may be compromised, intercepted, hacked and or illegally obtained or distributed by any means, either electronically or manually, now known and or may be developed in the future.
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify the Company in writing with a documented comprehensive detailed message setting forth the following information: (i) your name and the name of your company, on company letterhead, if any; (ii) your contact information, including your e-mail address; (iii) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (iv) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
The Company reserves the right at any time to modify, alter or update these Terms, with or without notice to you. It is your sole responsibility to check this Site for updates from time to time.
Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit.
The Company may suspend or terminate your account and or your ability to use the Site, or any services on the Site for failure to comply with these Terms, for providing the Company with false, untrue or inaccurate information about yourself, and or for infringement upon the Company proprietary rights, or for any other reason whatsoever or for no reason.
If anyone other than you, the Customer, Member and or Payee including your insurance company, asks Company or Representatives to pay for any loss, damage, cost or expense, including but not limited to, economic losses, property damage, personal injury, or death arising out of, from, in connection with, any purchase or sale of any Product, Feature or Service(s) related to, as a consequence of, or resulting from any reason, including the active or passive, sole, joint or several, negligence of any kind or degree of Company or any of the Representatives and or the improper operation of the Product, Feature and or Service(s) or the failure of the Product, Feature and or Service(s) or the Company’s website system to operate, a breach of contract, or any claims for subrogation, indemnification or contribution, Customer, Member and Payer agree to defend, indemnify and hold Company, its Licensees or its Representatives harmless, without any condition that Company or Representatives first pay, from any and all such loss, damage, cost and expense, including attorneys' fees, which may be asserted against or incurred by Company, Licensee or any of the Representatives in connection with any and all such claims to the fullest extent permitted by applicable law. Your duty to indemnify, including the cost and duty to defend and hold Company and its Representatives harmless shall include all of the Company’s personnel related costs, overhead, experts’ fees, actual attorney’s fees, court costs and all related expenses, including all fees and costs incurred to enforce and establish rights under this indemnification provision. In addition, you agree to indemnify, defend and hold the Company, its officers, employees, directors, agents, licensors and suppliers harmless from and against any and all losses, claims, costs, damages, liabilities and expenses, including reasonable attorney fees, arising from or related to the use of our website, your breach or the alleged breach of these Terms, your unauthorized use of the Content and or your violation of any rights to or of any other person.
THIRD PARTY INDEMNIFICATION
You acknowledge that the purchase or sale of any Product, Feature or Service(s) to be provided under this Agreement are intended to benefit only you, the Customer, Member and or Payee and not any third party who is not a part of this Agreement.
You agree to indemnify the Company and its employees and agents and to hold all of them harmless for and against all claims or losses made by third parties based upon defects in the Service whether arising under contract, warranty, negligence, strict liability or any other theory of liability. This indemnity shall not apply to claims or losses made by third parties based upon personal injury or property damage occurring solely and directly or indirectly because of acts of an employee of the Company while that employee is employed or not employed by the Company.
NO WAIVER OF BREACH
Any waiver of any breach of this Agreement, by you, the Customer, Member and or Payee or the Company, shall not be construed as a waiver of any subsequent breach. Your rights and Company's rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available even though not expressly referred to herein.
You, the Customer, Member and or Payee acknowledges and agrees that the Company shall not be in breach of its obligations under this Agreement, and shall not be liable, in the event that, for cause or causes beyond its control, Company is unable to perform, in whole or in part, any one or more of its obligations under this Agreement. In no event shall we or any Distribution Site or facility have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any acts of God, governmental action, fire, flood, insurrection, earthquake, power failure, virus or network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
Without limitations, the Company makes no representation that the Site, Site Materials, User Content, Services, products, information or other materials available on, in, for purchase or sale of any Product, Feature or Service(s) or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.
Those who choose to access the Site from prohibited locations do so by their own volition and are responsible for compliance with applicable laws. The waiver or failure of the Company to exercise any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
All claims, actions or proceedings by or against the Company or Representatives must be commenced in court within one year after the cause of action has accrued, without judicial extension of time, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with.
If any provision of this Agreement, or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing. Following termination of this Agreement, this Agreement shall survive termination and continue to apply to you and the Company.
The Company reserves the right to subcontract with an independent Service provider and may subcontract with others to provide agreed upon purchase or sale of any Product, Feature or Service(s) and or other Services, in order to fulfill its obligation to you, the Customer, Member and or Payee. The Company may also assign its rights or delegate its duties under this Agreement, with or without prior notice to you. You acknowledge that this Agreement, and particularly its provisions waiving and limiting liabilities, providing for liquidated damages and providing indemnification shall inure to the benefit of all subcontractors or assignees and shall be binding between you and any subcontractor or assignee with the same force and effect as they apply.
Scrubs 2 Go and or its licensees, subsidiaries and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site.
The Company reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. The Company cannot and does not review all communications or products made available on or through the Site, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion.
By using the Site, you agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
SCRUBS 2 GO AND ITS LICENSEES MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SALE AND OR PURCHASE OF ANY PRODUCT, FEATURE OR SERVICE OR TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS YOUR SOLE RESPONSIBILITY.
SCRUBS 2 GO AND ITS LICENSEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR SCRUBS 2 GO HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SCRUBS 2 GO AND ITS LICENSEES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR THE SALE AND OR PURCHASE OF ANY PRODUCT, FEATURE OR SERVICE AND OR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF SCRUBS 2 GO AND ITS LICENSEES SHALL NOT EXCEED $100.00 DOLLARS.
IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THE TERMS CONTAINED HEREIN, OR FEEL SCRUBS 2 GO AND OR ITS LICENSEES HAS BREACHED ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
If any controversy or claim arises out of or relates to the Agreement or the breach thereof, the parties agree first to try in good faith to settle the dispute by mediation using any mediator as may be mutually agreed upon by the parties. If the parties do not resolve the controversy or claim through mediation within 60 days, then either party may, upon notice to the other, submit the controversy or claim, including without limitation any issues arising from any claims under the Agreement or the requirement for arbitration, and all related questions or differences, to binding arbitration using the “AAA” or American Arbitration Association’s Commercial Arbitration Rules, using the Supplementary Procedures for Consumer Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No arbitration under this Agreement may be maintained on behalf of a “class” of plaintiffs or multiple customers. The parties shall mutually agree to a single arbitrator, if they cannot agree on the identity of an arbitrator within 60 days.
After the notice of arbitration is received, either party may petition a court of applicable jurisdiction to appoint an arbitrator, or submit a request to the AAA to appoint an arbitrator. The arbitration may take place by phone or other electronic means and shall be governed by the laws of the State of New Jersey. The U.S. Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Agreement. The arbitrator’s order must be consistent with the provisions of this Agreement.
The Customer, Member, Payee and Company each waives their right to trial by jury in any suit, action or other legal proceeding in connection with this Agreement. This jury trial waiver cannot be revoked. Any suit, action or other legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the Court of the United States located in the City of Toms River, County of Ocean within the State of New Jersey. The Customer, Member, Payee and Company each consent to this exclusive jurisdiction and venue of such court in any such suit and waive any objection you may have to jurisdiction or venue of any such suit.
This Agreement shall be governed by and construed according to the laws of the State of New Jersey, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of New Jersey. The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of Scrubs 2 Go right to require strict observance of each of the terms herein. If any provision of this Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
NO PERSON ACTING ON THE COMPANY’S BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT COLLECTIVELY, "INDUCEMENT", THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. BY EXECUTING THIS AGREEMENT OR USING THIS WEB SITE, PRODUCT, FEATURE AND OR SERVICE, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.
This Agreement, together with our posted Privacy Statement, constitutes the entire agreement between us relating to your use of our website, Product, Feature and or Service to be provided to you and supersedes all prior or current negotiations, commitments, contract, express or implied, warranties, express or implied, statements and representations, written or oral, pertaining to such matters, with respect to sale of the system or the Company or its Licensees, all of which are merged into this Agreement.