Terms of service

TERMS AND CONDITIONS

Preamble

This digital platform is the property of Clinical Delivery Systems, Inc., situated at 141D Central Ave., Farmingdale, NY 11735. Hereinafter, the terms “Clinical Delivery Systems”, “we”, “us”, and “our” will denote Clinical Delivery Systems. The website, inclusive of its entire content, tools, and services, is extended to you, the user, contingent upon your assent to the entirety of terms, stipulations, policies, and notifications delineated herein.

By accessing our platform and/or procuring from us, you partake in our “Service” and thereby consent to be governed by the ensuing terms and conditions (“Terms and Conditions”, “Terms”), inclusive of supplementary terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms and Conditions are applicable to every user of this platform, encompassing but not restricted to browsers, vendors, clients, merchants, and/or content contributors.

Prior to utilizing our website, it is imperative that you peruse these Terms and Conditions meticulously. Utilizing any segment of the platform indicates your acceptance of these Terms and Conditions. Should you dissent with any part of this agreement, you are prohibited from accessing the website or availing any services. If these Terms and Conditions are construed as an offer, acceptance is stringently confined to these terms.

All novel features or tools appended to the existing store will also fall under the purview of the Terms and Conditions. The most up-to-date version of the Terms and Conditions can be reviewed on this page at any given time. We retain the prerogative to revise, modify, or supplant any segment of these Terms and Conditions by promulgating updates and/or alterations to our website. Periodic review of this page is incumbent upon you. Persisting in the use or access of the website post any updates signifies your acceptance of such changes.

Our digital storefront is facilitated by Shopify Inc., which provides the e-commerce infrastructure enabling our product and service offerings to you.

Article I - Online Store Provisions

By consenting to these Terms and Conditions, you affirm that you have attained the age of majority as stipulated by your state or province of residence. Alternatively, if you are of age and have granted consent, this permits any of your minor dependents to access and use this platform.

Utilizing our products for illicit or unauthorized purposes is strictly prohibited. Furthermore, in availing the Service, you must not infringe any jurisdictional laws, including but not limited to copyright statutes. The transmission of malicious code, inclusive of worms, viruses, or any destructive code, is strictly forbidden. Non-compliance with any of the Terms will culminate in an immediate cessation of your Services.

Article II - General Stipulations

We reserve the unqualified right to decline service to any individual for any reason at our discretion.

It is understood that, excluding credit card data, your content may be transmitted in an unencrypted manner, potentially involving: (a) transmissions across diverse networks; and (b) modifications to comply with and adapt to the technical prerequisites of interconnected networks or devices. Credit card data remains encrypted during all network transmissions.

Any endeavor to replicate, duplicate, copy, sell, resell, or exploit any segment of the Service, the use of the Service, or access to the Service, or any content on the website through which the service is availed, without our explicit written consent, is strictly prohibited.

Headings within this agreement are incorporated solely for ease of reference and shall not influence or otherwise impact these Terms.

Article III - Information Integrity and Reliability

  1. Disclaimer: We disclaim any responsibility for the precision, comprehensiveness, or contemporaneity of the information presented on this platform. The content herein is proffered for general informational purposes and should not be the exclusive foundation for decision-making without consulting primary, more precise, comprehensive, or timely data sources. Any reliance on this platform's content is undertaken at your discretion.
  2. Historical Data: The platform may encompass historical data, which, by its nature, is not contemporaneous and is extended for referential purposes. We retain the prerogative to amend this platform's content at any juncture, devoid of any obligation to furnish updates. Monitoring alterations to our platform remains your responsibility.

Article IV - Service and Pricing Alterations

  1. Pricing Fluctuations: Product prices are susceptible to alterations without prior notification.
  2. Service Adjustments: We reserve the unqualified right to amend or cease the Service, or any segment or content thereof, without prior notification. Under no circumstances shall we be held accountable to you or any third party for any alterations, price revisions, suspensions, or discontinuation of the Service.

Article V - Product and Service Provisions

  1. Exclusive Online Offerings: Specific products or services may be exclusively procurable online via the platform. Such offerings may be of limited quantity and are returnable or exchangeable solely in accordance with our Return Policy.
  2. Visual Representations: We have endeavored to depict our products with utmost accuracy. However, we cannot vouch for the exactness of your device's display in representing product colors.
  3. Sales Limitations: We retain the right, without obligation, to restrict product or Service sales to any individual, geographical area, or jurisdiction, potentially on a case-by-case basis. Product descriptions, pricing, and availability are susceptible to change without prior notice, at our sole discretion. We also reserve the right to discontinue any product. Any product or service offer on this platform is null and void where prohibited by law.
  4. Quality Assurance: We offer no guarantees regarding the quality of products, services, or information procured by you, nor do we assure the rectification of any errors within the Service.

Article VI - Billing and Account Data Accuracy

  1. Order Discretion: We retain the right to decline any order placed with us. At our discretion, we may restrict or cancel quantities procured per individual, household, or order. Such restrictions may encompass orders from the same customer account, credit card, or orders sharing billing and/or shipping addresses. Should an order alteration or cancellation occur, we will endeavor to notify you using the contact details provided during the order placement.
  2. Account Integrity: You commit to furnishing accurate, current, and complete purchase and account details for all transactions at our store. This includes timely updates to account details, including email addresses, credit card information, and expiration dates, ensuring seamless transactions and effective communication.

For a comprehensive understanding of our return protocols, kindly consult our Return Policy.

Article VII - Provision of Discretionary Tools

  1. Third-Party Tools: We might grant you access to tools developed by third parties, over which we exercise neither supervision nor influence. You recognize and concur that such tools are provided on an "as is" and "as available" basis, devoid of any warranties, representations, or conditions, and without our endorsement. Our liability does not extend to any issues arising from or related to your utilization of these third-party tools.
  2. User Responsibility: Your engagement with any discretionary tools available through our platform is solely at your discretion and risk. It is incumbent upon you to acquaint yourself with and accept the terms set forth by the respective third-party providers.
  3. Future Offerings: We might, in subsequent phases, introduce new services and/or features on our website, inclusive of new tools and resources. Such additions will be governed by these Terms of Service.

Article VIII - Links to External Entities

  1. Third-Party Content: Our Service may encompass content, products, and services sourced from third parties.
  2. External Links: Links on our platform may redirect you to external websites not affiliated with us. We disclaim responsibility for the scrutiny or validation of their content's veracity. Furthermore, we neither endorse nor assume liability for any third-party materials, websites, or their products and services.
  3. Liability Limitation: We are not accountable for any detriment or damages stemming from transactions or engagements with third-party websites. It is imperative that you meticulously review the third-party's policies and practices prior to any transaction. All grievances or queries related to third-party products or services should be addressed directly to the respective third party.

Article IX - User Feedback and Submissions

  1. User Contributions: Should you, upon our solicitation, provide specific submissions (e.g., contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials, you consent to our unrestricted right to modify, reproduce, publish, disseminate, translate, and utilize such contributions in any medium. We are not bound to: (a) treat any user contributions as confidential; (b) compensate for any user contributions; or (c) acknowledge or respond to any user contributions.
  2. Content Monitoring: At our discretion, we may oversee, modify, or remove content deemed unlawful, offensive, defamatory, or in violation of intellectual property rights or these Terms of Service.
  3. User Responsibility: You warrant that your comments will not infringe upon any third-party rights, including but not limited to copyright, trademark, and privacy. Your comments should not be libelous, unlawful, or malicious, nor should they compromise the functionality of the Service or any associated website. You bear sole responsibility for the veracity and content of your comments. We disclaim any liability for comments either posted by you or any third party.

Article X - Protection of Personal Data

The provision of personal data via our storefront is regulated by our Privacy Policy. For a comprehensive understanding of our data handling practices, kindly consult our Privacy Policy.

Article XI - Rectification of Discrepancies

From time to time, our platform or the Service may encompass typographical errors, inaccuracies, or omissions pertaining to product descriptions, pricing, promotions, offers, shipping charges, transit durations, and product availability. We retain the prerogative to rectify any discrepancies, inaccuracies, or omissions, and to amend or update information or annul orders if any data within the Service or on any associated website is imprecise, without prior notification (this includes post order submission on your part).

We are under no obligation to amend, update, or elucidate data within the Service or on any associated website, including, but not limited to, pricing details, except as mandated by law. The absence of a specific update or refresh date within the Service or on any associated website should not be construed as an indication that all data within the Service or on any associated website has undergone modification or updating.

Article XII - Forbidden Activities

Beyond the restrictions delineated in the Terms of Service, users are expressly forbidden from employing the platform or its content to:

  1. Engage in illicit activities.
  2. Encourage others to partake in unlawful acts.
  3. Breach any international, federal, provincial, state regulations, rules, laws, or local edicts.
  4. Infringe upon our intellectual property rights or those of third parties.
  5. Engage in acts of harassment, defamation, discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  6. Furnish deceptive or erroneous data.
  7. Introduce or disseminate malicious code that might compromise the operation or functionality of the Service, associated websites, or the broader Internet.
  8. Illegally amass or monitor others' personal data.
  9. Engage in spamming, phishing, or other deceptive practices.
  10. Pursue immoral objectives.
  11. Bypass or undermine the security protocols of the Service, associated websites, or the Internet.

Violation of any of the aforementioned prohibitions may result in the immediate termination of your access to the Service or any associated website.

Article XIII - Warranty Disclaimers and Limitations on Liability

  1. Service Provision: We neither represent nor warrant that your engagement with our Service will be free from interruptions, delays, security lapses, or errors.
  2. Service Outcomes: We offer no assurances that the outcomes derived from utilizing our Service will be precise or dependable.
  3. Service Interruptions: You acknowledge that we may, at our discretion, suspend the Service for indeterminate durations or terminate the Service without prior notification.
  4. Risk Acknowledgement: Your engagement with, or inability to engage with, the Service is solely at your discretion and risk. Unless explicitly articulated by us, the Service, inclusive of all products and services rendered through it, is provided on an "as is" and "as available" basis, devoid of any representations, warranties, or conditions, be they explicit or implicit. This encompasses, but is not limited to, implied warranties or conditions of salability, quality, fitness for a specific purpose, durability, title, and non-infringement.
  5. Liability Limitation: Under no circumstances shall Clinical Delivery Systems, Inc., inclusive of our executives, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be held accountable for any direct, indirect, incidental, punitive, special, or consequential damages or losses, including but not limited to lost profits, revenue, savings, data, replacement costs, or analogous damages, regardless of the legal theory on which they're based, arising from your engagement with the Service or products procured through it. This limitation applies even if we've been advised of the potential for such damages. Jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages will have our liability limited to the maximum extent permissible by law.

Article XIV - Indemnity Clause

You commit to indemnify, defend, and hold Clinical Delivery Systems, including our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, unscathed from any claims, demands, or damages, inclusive of reasonable legal fees, instigated by any third party due to or arising out of your breach of these Terms of Service, or your infringement of any law or the rights of a third party.

Article XV - Clause of Severability

Should any provision within these Terms of Service be adjudged unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the remaining provisions. This severance shall be executed to the maximum extent permissible under applicable law.

Article XVI - Agreement Termination

  1. Survival of Obligations: All obligations and liabilities of both parties, incurred prior to the termination date, shall persist post-termination of this agreement for all intents and purposes.
  2. Effectiveness and Termination: This agreement remains effective until it is terminated by either party. You may dissolve this agreement at any given time by informing us of your intention to discontinue using our Services or by ceasing to use our website. Should you breach, or if we have reasonable grounds to believe that you have breached, any clause or provision of this agreement, we reserve the right to terminate this agreement without prior notice. After termination, you remain accountable for all outstanding amounts up to and inclusive of the termination date. We may also restrict your access to our Services, in whole or in part.

Article XVII - Comprehensive Agreement

  1. Non-waiver: Our failure to assert or enforce any right or provision within this agreement does not constitute a waiver of such right or provision.
  2. Entirety of Agreement: This agreement, in conjunction with any policies or operational rules we establish and post on this site concerning the Service, represents the complete understanding between you and us. It governs your use of the Service, superseding all prior agreements, communications, and proposals, be they verbal or written, between both parties. This includes any preceding versions of the Terms of Service.
  3. Interpretation: Ambiguities in interpreting these Terms of Service shall not be construed against the party responsible for drafting.

Article XVIII - Applicable Law

This agreement, as well as any separate agreements through which we offer you Services, shall be interpreted in alignment with the laws of the State of New York, specifically Suffolk County, Town of Babylon.

Article XIX - Amendments to the Terms of Service

The most recent version of the Terms of Service can be reviewed on this page at any given time. We hold the exclusive right to modify or replace any segment of these Terms of Service by posting updates on our website. It is incumbent upon you to periodically review our website for alterations. Your sustained use of or access to our website or the Service post any changes to these Terms of Service indicates your acceptance of said changes.

Article XX - Communication Channels

For inquiries regarding the Terms of Service, please direct your emails to orders@clinicaldeliverysys.com or forward your correspondence to:

Clinical Delivery Systems, Inc.
141D Central Ave.
Farmingdale, NY 11735.