Terms and Conditions
Welcome to the SupremeMed Terms and Conditions. These Terms and Conditions apply to all users of SupremeMed . SupremeMed 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 (“SupremeMed” “we” or “us”), provides access to and use of certain internal SupremeMed systems to you its customer via SupremeMed.com, which displays certain data, including, and 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 SupremeMed.com is governed by these Terms and Conditions so it is important that you take a few minutes to read them. Your use of SupremeMed.com is conditioned upon your acceptance without modification of the terms, conditions and notices contained in these Terms and Conditions. By accessing SupremeMed.com as a guest or registered user, you accept these terms and conditions and will be legally bound by them. You are encouraged to print a copy of these Terms and Conditions for your records. If we decide to change the Terms and Conditions, we will post those changes on this page so that you are always aware of the rules that apply to your use of SupremeMed.com. By continuing to access SupremeMed.com you continue to accept any amendments to our supplemental Terms and Conditions that are posted by us.
Establishing an account with SupremeMed
You may browse through and view at will, however, to order from us or to access certain parts of www.suprememed.com, your business must have a SupremeMed customer account. You may do this by creating an account and following the instructions at the ‘checkout’, accessible from SupremeMed.com.
Those instructions form part of these Terms and Conditions. Upon completion of the steps listed with these instructions, you will create a customer account password. Your access to data using your customer account is limited according to SupremeMed administrator defined access controls. Please see the “Contact Us” page accessible from the Home Page, accessible from SupremeMed.com for information on how to contact us for further information about data access or if you have any questions about these Terms and Conditions.
Your customer account may not be transferred to, shared with, or used by or on behalf of any other person. You agree that you will provide us with accurate customer account information (such as the correct customer account holder’s name and a valid e-mail address at which we can easily reach you). We may update your customer account information if it becomes outdated. We may terminate your customer account or suspend your access to all or part of SupremeMed.com, without notice, if we, among other reasons, are unable to verify or authenticate the information you provide to us.
SupremeMed.com operates in a secure web environment with an advanced, multi-layered firewall technology, Secure Socket Layer with up to 2048-bit encryption to encrypt all data. You agree to help protect your customer account by being solely responsible for the confidentiality and use of your customer account and your customer account password and by notifying us as soon as you become aware that your customer account may have or has been used without proper authorization.
By providing us with your email address during the registration process, you have agreed that we have an existing business relationship, and we may communicate with you via email, and other means for purposes relating to your customer account, any product orders you place, marketing purposes or any other services we provide to you.
Product Order Placement
You may place a product order with us using your customer account across all fifty (50) states of the United States of America, and internationally; provided, however, that SupremeMed.com is not used to place orders that ship to locations where local, state, federal or international laws prohibits such actions or products being shipped. All payment and other obligations, concerning such order placements are governed in a separate Supply Agreement between you and SupremeMed or, if you don’t have a written Supply Agreement, our Standard Terms and Conditions. Subject to the preceding sentence, these Terms and Conditions are not intended to amend such Supply Agreements.
Your responsibilities as a user of SupremeMed.com.
Your use of SupremeMed.com is subject to all applicable local, state, national and international laws and regulations. You agree not to violate such laws and regulations. In addition, you agree that (i) you will not interfere with another customer’s use and enjoyment of SupremeMed.com; (ii) you will not interfere with or disrupt SupremeMed security measures; (iii) you will not interfere with or disrupt networks connected to SupremeMed.com and will comply with all regulations, policies and procedures of such networks; and (iv) you will comply with United States law regarding the transmission of technical data exported from the United States. You also agree at your sole cost and expense to defend, indemnify and hold SupremeMed, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, harmless from and against any and all damages, liabilities, costs and expenses including reasonable attorneys’ fees arising from any third party claims, due to or arising out of your use of SupremeMed.com, your violation of these Terms and Conditions, or your violation of the rights of any third party.
We may terminate your SupremeMed customer account or suspend your access to all or part SupremeMed.com, without notice, if you violate these Terms and Conditions or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of SupremeMed, any other SupremeMed customer or any third party. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.
Rebate Information and Net Pricing
Some SupremeMed customers may be participants in various SupremeMed customer rewards programs or may receive discounts or rebates from SupremeMed. Such participation or receipt of discounts or rebates may result in the display of prices on SupremeMed.com and checkout areas that are not the final price of the product.
Discounts or rebates are not guaranteed and are a function of purchasing patterns and compliance with the guidelines of the applicable SupremeMed program or written agreement and, as such, actual discounts or rebates may vary from time to time and are subject to change.
Buyer is hereby advised that he/she/it is obligated to properly disclose and appropriately reflect all discounts, including rebates, in claims and costs submitted to federal and state government health care programs (including Medicare and Medicaid), and to provide any invoices and other discount documentation to government authorities on request, in accordance with all applicable laws and regulations, including 42 USC 1320a-7b(b) and the discount safe harbor.
Comments are Welcome
We enjoy hearing from you and welcome your comments about SupremeMed.com. However, if you send us a business idea or suggestion — for example, about how to improve or expand SupremeMed.com — you agree that we will be completely free to implement, use or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.
All materials relating to SupremeMed.com, including text, graphics, icons, images, content and software, are the property of SupremeMed or its content suppliers and are protected by United States, foreign and international copyright laws. The compilation of all content for SupremeMed.com is the exclusive property of SupremeMed. You may not reproduce, modify, distribute or republish materials contained on SupremeMed.com without the prior written permission of SupremeMed. You may not “scrape” the site in an effort to copy single or multiple text and images to transmit those materials for your own use. You may not alter or remove any trademark, copyright or other notice from copies of content. You may not reverse engineer, decompile, disassemble or copy any aspect of SupremeMed.com.
SupremeMed and all other SupremeMed logos and trade names are trademarks or registered trademarks of Circle of Professionals Inc. All trademarks used on or in connection with SupremeMed.com, and all goodwill in and to such names and marks, are the property of their respective owners.
You agree (i) to hold all non-public information including and without limitation product, pricing and customer data disclosed by SupremeMed through SupremeMed.com (“Confidential Information”), in strict confidence, (ii) not to disclose such Confidential Information to any third parties, and (iii) not to use any Confidential Information for any purpose except for your internal business purposes. You may disclose the Confidential Information to your responsible employees with a bona fide need to know, but only to the extent necessary to carry out your internal business purposes. You agree to instruct all such employees not to disclose such Confidential Information to third parties, including consultants, without the prior written permission of SupremeMed. Confidential Information will not include information that: (a) is now, or hereafter becomes, through no act or failure to act by you, generally known or available to the public; (b) was acquired by you before receiving such information from SupremeMed and without restriction as to use or disclosure; (c) is hereafter rightfully furnished to you by a third party without restriction as to use or disclosure; or (d) is disclosed with the prior written consent of SupremeMed. You recognize and agree that nothing contained in these Terms and Conditions will be construed as granting any rights to you, by license or otherwise, to any Confidential Information except as specified in these Terms and Conditions. You acknowledge that all Confidential Information is owned solely by SupremeMed (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, you agree that SupremeMed will have the right to obtain an immediate injunction enjoining any breach of these Terms and Conditions, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach. The obligations of non-disclosure, non-use and confidentiality described in these Terms and Conditions will remain in effect for three (3) years from the date of the last disclosure of Confidential Information, at which time such will terminate.
Limitation of Liability
By using SupremeMed.com, you expressly agree that such use is at your sole risk. SupremeMed PROVIDES SupremeMed.com ON AN “AS IS” BASIS AND WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEROPERABILITY, COMPATIBILITY AND QUIET ENJOYMENT. SupremeMed endeavors to provide service of the highest quality, but we cannot guarantee that your use of SupremeMed.com will be uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of SupremeMed.com.
SupremeMed is a distributor and not a publisher of content (including information, data and other material) supplied by third parties. Neither SupremeMed nor any of its affiliates, officers, directors, employees or agents or any third party content providers, merchants, sponsors, or licensors guarantees the truth, accuracy, completeness or usefulness of any content or data on SupremeMed.com nor its compliance with law, including but not limited to identification codes, prices and product availability, nor the merchantability or fitness for any particular purpose of such information. It is your responsibility to evaluate the information, opinion, advice or other content available through SupremeMed.com and to closely examine the product packaging and the labeling prior to use. SupremeMed will not be responsible for, nor be in default due to acts or causes beyond its control including but not limited to Acts of God, strikes, lockouts, communications line or equipment failures, power failures, failure of the Internet, earthquakes or other disasters.
IN NO EVENT WILL SupremeMed NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF SupremeMed.com, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, SupremeMed.com, EVEN IF SupremeMed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING SupremeMed.com, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT AND DATA AVAILABLE THROUGH SupremeMed.com. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL SupremeMed (OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH SupremeMed.com, INCLUDING WHETHER OR NOT SUCH INFORMATION IS INACCURATE AND WHETHER OR NOT THE INACCURACY IS DUE TO FAULT OR ERROR BY SupremeMed . IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT WILL SupremeMed BE TOTALLY LIABILE TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEEDING TEN THOUSAND DOLLARS.
Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites or any products or services advertised or sold on those sites.
SupremeMed.com is created, controlled and operated by Circle of Professionals Inc. 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. SupremeMed is located at 7044 Sophia Ave, Van Nuys, California 91406 and can be reached by telephone at 1(800) 594-2295.
SupremeMed reserves the right to change the terms of these Terms and Conditions, disclaimers and policies at any time and without notice. The formation, construction and interpretation of these Terms and Conditions will be controlled by the laws of the State of California, regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of these Terms and Conditions. The Uniform Computer Transaction Act (“UCITA”) as adopted in some States in the United States of America will not apply to these Terms and Conditions. Any dispute relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
If any provision of these Terms and Conditions is held to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.