Terms and Conditions

All customers of OBP Medical agree to the following terms and conditions and other applicable law.

Copyright

All marketing materials and content, including but not limited to text, or graphics is copyrighted as a collective work under the United States and other copyright laws, and is the property of OBP Medical.  The collective work includes works that are licensed to OBP Medical.  Copyright 2006, OBP Medical ALL RIGHTS RESERVED.  Permission is granted to electronically copy and print hard copy portions of the OBP Medical website or other materials for the sole purpose of placing an order with OBP Medical or purchasing OBP Medical products.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the OBP Medical website solely for your own non-commercial use, or to place an order with OBP Medical or to purchase OBP Medical products.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the website or other marketing materials is strictly prohibited, unless authorized by OBP Medical.  You further agree not to change or delete any proprietary notices from materials downloaded from the site or included with the product packaging.

Trademarks

All trademarks, service marks and trade names of OBP Medical are trademarks or registered trademarks of OBP Medical.  Unauthorized use is a violation of U.S. Federal Law.

Warranty Disclaimer

OBP Medical products are provided “as is” and without warranties of any kind, whether express or implied.  To the fullest extent permissible pursuant to applicable law, OBP Medical disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.  Notwithstanding the aforementioned, OBP Medical will warranty against manufacturer defects for single-use devices used prior to their expiration date.  The above limitations are in full effect within states where such warranties are permitted.

Limitation of Liability

OBP Medical shall not be liable for any special or consequential damages that result from the use of, or the performance of the products, even if OBP Medical has been advised of the possibility of such damages.  Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply in states where such limitations of liability are not permitted.

Term; Termination

These terms and conditions, or any part of them, may be terminated by OBP Medical without notice at any time, for any reason.  The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of OBP Medical products) shall be in the state or federal courts located in Essex County, Massachusetts.  OBP Medical’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  OBP Medical may assign its rights and duties under this agreement to any party at any time without notice to you.

Indemnification

You agree to indemnify, defend, and hold harmless OBP Medical, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person who may benefit from your agreement with OBP Medical.