Customers of InvoCure may register for an account. As part of the registration process, you will create a username and password. You are responsible for maintaining and promptly updating your account information for accuracy and completeness, including your address, phone number and email address in order for us to communicate with you. You are solely responsible for maintaining the confidentiality and security of, and restricting access to, your account and password. You agree to accept full responsibility for all activities that occur under your account or password, including use of your account by any third party using your username and password. InvoCure is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. InvoCure will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
ORDER ACCEPTANCE; PAYMENT
InvoCure will only accept orders for shipment to addresses within the United States. Payment must be made by a U.S.-issued credit/debit card, bank account or some other pre-arranged method of payment acceptable to InvoCure. InvoCure reserves the right to accept or decline your order or limit the order quantity for any reason. If InvoCure limits the order quantity, you will be notified and have the right to cancel your order. Where payment is made by credit/debit card or bank account, such payment is subject to the approval of the financial institution issuing the credit/debit card or bank account payment, and InvoCure will not be liable in any way if such financial institution refuses to accept or honor the credit/debit card or bank account for any reason. InvoCure may require, at InvoCure's option, that any order placed over a certain dollar amount receive InvoCure's pre-approval. InvoCure may also require additional verification or information before accepting any order. An order is deemed accepted upon InvoCure's shipment of the products ordered, and InvoCure will charge your credit/debit card upon such shipment.
Once an order has been placed, it cannot be cancelled. However, you may refuse delivery of your one-time order upon receipt or return your order in accordance with our Return Instructions.
SHIPPING AND HANDLING; SALES AND OTHER TAXES
Unless otherwise noted, shipping and handling fees are not included in the displayed price and will be added as part of your final purchase price. Sales, use, and similar taxes will be charged to you as required by law.
Certain sales of products on the Website may be eligible for full or partial refunds. For more information, please refer to our Return Policy.
Although we attempt to accurately reflect product availability on the Website, InvoCure cannot guarantee product availability and products may not be available for immediate delivery. InvoCure reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance, or cessation, InvoCure may, at its discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products. If InvoCure substitutes a similar product for the one you ordered, you will be notified and have the right to cancel your order.
INACCURACIES; TYPOGRAPHICAL ERRORS
InvoCure attempts to be accurate when providing information or listing product details on the Website. Products offered for sale on the Website may contain descriptions provided by the manufacturer, developer, or distributor of the product. InvoCure does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by InvoCure is not as described, your sole remedy is to return it in an unused condition and in accordance with our Return Policy. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from InvoCure’s suppliers, InvoCure will have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card or bank account has been charged. If your credit/debit card or bank account has already been charged for the transaction and your order is cancelled, InvoCure will issue a credit to your credit/debit card or bank account for the amount of the charge.
TITLE AND RISK OF LOSS
Title to any ordered product will pass to you upon delivery of the product to the designated carrier, except that title to any software included with the product will remain with the applicable licensor(s) and title to any rental products will remain with InvoCure or its vendor. InvoCure will only be responsible for risk of loss or damage to a purchased product that occurs prior to delivery of the product to the designated carrier. InvoCure does not assume title of any returned product until received by us in accordance with our Return Policy.
RX PRODUCTS & CONTROLLED SUBSTANCES
Regulations require us to limit the sale of Rx and controlled substances only to registered, licensed healthcare professionals. If you are a new customer or have recently moved, please furnish us with a copy of your updated state and federal registrations verifying your shipping address. Please note that all orders for controlled substances are subject to a due diligence review process.
You have no rights in or relating to the Website or any content, data, software, features, or services provided on it (collectively, “InvoCure Website Content”). Except as provided below with respect to InvoCure Software or as InvoCure otherwise expressly provides on the Website, you may not use, copy, distribute, create derivative works based upon or publicly perform or display any InvoCure Website Content. If you rightfully download any software from the Website, such software, including all files and images contained in or generated by the software, and all accompanying data (collectively, “InvoCure Software”) are licensed to you under the applicable end user license agreement with respect to such InvoCure Software or, if such InvoCure Software is not accompanied by or otherwise subject to a separate end user license agreement, then InvoCure hereby grants you a nonexclusive, revocable limited license to the InvoCure Software for your personal, noncommercial, home use only. InvoCure does not transfer either the title or the intellectual property rights to the InvoCure Software, and InvoCure retains full and complete title to the InvoCure Software as well as all intellectual property rights therein and all copies thereof. You may not sell, redistribute, reproduce, create derivative works based upon, or publicly perform or display the InvoCure Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the InvoCure Software to a human-perceivable form or otherwise reverse engineer the InvoCure Software. All software that is not InvoCure Software (including, but not limited to, preloaded software included in any device that you purchase at the Website) is provided subject to the software's user license agreement, and you acknowledge and agree that you are bound by such agreement.
If you believe any content on the Website infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing InvoCure's designated agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit InvoCure to locate the material; (d) information reasonably sufficient to permit InvoCure to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the agent designated by InvoCure to receive and act on copyright violations under the DMCA, as follows:
DMCA Notices, InvoCure, Attention: Legal Department, 4505 Las Virgenes Rd., Suite 108, Calabasas, CA 91320; support@InvoCure.com
If you believe that any material that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to InvoCure's designated agent (see 17 U.S.C. Section 512(g)(3) for further detail): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which InvoCure may be found, and that you will accept service of process from the person who provided notification under these Terms or Use (that is, the person who alleged that your material infringed any copyright) or an agent of such person.
InvoCure's policy is to suspend or terminate the account, or the right to access or use the Website or any part of the Website, of any person who posts infringing material on the Website or who provides any fraudulent or inaccurate take-down notice or counter-notice under the DMCA. However, InvoCure has no obligation to do so.
USER COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users of the Website may be permitted to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Such user-generated content does not reflect the opinions or policies of InvoCure. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content or communication. InvoCure reserves the right (but not the obligation) to monitor and edit or remove any activity or content, but does not regularly review posted content. If you do post content or submit material, and unless InvoCure indicates otherwise, you grant InvoCure a nonexclusive, royalty-free, perpetual, and irrevocable right to create derivative works based upon and to use, reproduce, modify, adapt, publish, translate, distribute, and display such content or material or any derivative works based thereon throughout the world by any means and in any media. You grant InvoCure the right (but not the obligation) to use the name that you submit in connection with such content, and you waive any right and agree not to assert that any such use infringes or violates your right of privacy, right of publicity or other right. You represent and warrant that you own or otherwise control all of the rights to the content and materials that you post; that the content and materials are accurate; that use of the content and materials you supply does not violate this policy or infringe any copyright or other right of any third party and will not cause injury to any person or entity; and that you will indemnify InvoCure and hold it harmless with respect to all claims, actions, costs, expenses (including reasonable attorneys' fees and costs), loss or damage resulting from content or materials you supply. InvoCure takes no responsibility and assumes no liability for any content or materials posted by you or any third party.
WEBSITE AVAILABILITY AND SECURITY
At any time and from time to time, all or any portion of the Website may not be available or may not function properly. The Website may have and may cause technological problems for any reason, including viruses and other malicious or damaging computer programs. InvoCure disclaims liability for any interception of data or communications. InvoCure does not guarantee the security of the Website. InvoCure is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Website or for any defects, delays, or errors in or resulting from your use of the Website.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications where available. We will communicate with you by email or by posting notices to the Website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
IN PROVIDING YOUR TELEPHONE NUMBER TO INVOCURE ON THE WEBSITE, YOU AGREE AND CONSENT TO INVOCURE contacting you ON THAT TELEPHONE NUMBER for any purpose (including sales, marketing, promotional offers, customer care, and/or collections). you FURTHER authorize INVOCURE and its representatives and agents to use any cellular or other telephone number and/or email address associated with your account or otherwise provided, directly or indirectly, to InvoCure or its representatives or agents, and, in connection with such calls, to use pre-recorded/artificial voice messages and/or automatic dialing devices. You understand and agree that any telephone calls between you and InvoCure (including any InvoCure representatives or agents) may be monitored or recorded by InvoCure or its representatives or agents.
DISPUTES – BINDING ARBITRATION
AFFILIATED AND THIRD PARTY SITES
InvoCure has no obligations or liabilities relating to any third party websites or materials. If you access any third party website through the Website or otherwise, you do so at your own risk, even if you use a hyperlink that InvoCure supplies or otherwise learn of the website from InvoCure or through the Website. InvoCure works with a number of partners and affiliates to whose Internet sites the Website hyperlinks. Hyperlinks to or from the Website are for the user’s convenience only. InvoCure’s inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not, and should be construed to, mean that InvoCure endorses or sponsors or is affiliated with that Internet site. InvoCure makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party Internet sites, including any partner or affiliate Internet sites, and InvoCure assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. Similarly, from time to time in connection with your use of the Website, you may have access to content or materials that are owned or supplied by third parties. You acknowledge and agree that InvoCure makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content or materials.
MONITORING AND REPORTING
CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS
This website may contain estimates, projections or other statements that are forward-looking in nature (“Forward-Looking Statements”). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. InvoCure undertakes no obligation to publicly update or revise any Forward-Looking Statements.
SUSPENSION OR TERMINATION OF USAGE
NO THIRD-PARTY BENEFICIARIES
DISCLAIMER AND LIMITATION OF LIABILITY
INVOCURE MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. THE SITE, INCLUDING ALL INFORMATION CONTAINED HEREIN, AND ALL SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS CONTAINED ON THE SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THE SITE (SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS COLLECTIVELY REFERRED TO AS “SITE INFORMATION”), ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT OF ANY WRITTEN WARRANTY THAT INVOCURE PROVIDES TO YOU WITH RESPECT TO ANY PRODUCT OR SERVICE THAT YOU PURCHASE OR RENT AT THE SITE. EXCEPT WITH RESPECT TO SUCH WRITTEN WARRANTIES, INVOCURE HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INFORMATION, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INVOCURE DOES NOT WARRANT THAT THE SITE INFORMATION OR ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE INFORMATION; THE SERVER ON WHICH THE SITE IS LOCATED; OR EMAIL SENT FROM INVOCURE ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IF FOR ANY REASON YOU DO RECEIVE ANY WARRANTY FROM INVOCURE REGARDING ANY PRODUCT THAT YOU PURCHASE OR RENT AT THE SITE (“INVOCURE WARRANTY”), YOU WILL PROMPTLY REPORT ANY BREACH OF THAT INVOCURE WARRANTY TO INVOCURE. IF YOU REPORT THE BREACH DURING THE APPLICABLE INVOCURE WARRANTY PERIOD AND INVOCURE CONFIRMS THAT BREACH, INVOCURE WILL, AT ITS OPTION, EITHER REPAIR THE PRODUCT, REPLACE IT, OR ALLOW YOU TO RETURN IT FOR A FULL REFUND. YOU WILL PAY TO SHIP ANY PRODUCT TO INVOCURE IN CONNECTION WITH ANY BREACH OF INVOCURE WARRANTY CLAIM AND INVOCURE WILL PAY TO SHIP SUCH PRODUCT BACK TO YOU. THE REMEDIES IN THIS PARAGRAPH ARE INVOCURE'S ONLY LIABILITY OR OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH OF INVOCURE WARRANTY RELATING TO ANY PRODUCT THAT YOU PURCHASE OR RENT AT THE SITE. FOR ALL OTHER WARRANTIES NOT OFFERED BY INVOCURE, YOU MUST CONTACT THE MANUFACTURER TO FILE A WARRANTY CLAIM.
YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THE SITE. IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) WILL INVOCURE OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY SITE INFORMATION, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THE SITE, EVEN IF SUCH ENTITY HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NO MEDICAL ADVICE