Terms of Use, Notices, Internet Privacy Policies and Disclaimers

 

Welcome to ostomyresolutions.com (hereinafter called ‘Website’) to provide a guard system as an accessory for ostomy appliances that are utilized with a colostomy, urostomy or ileostomy stoma. Sure Guard, Inc. has provided these Terms of Use, Notices, Internet Privacy Policies and Disclaimers to inform you of our practices and information you may disclose on our Website. We encourage you to read them, and by using this Website, you acknowledge you understand and agree to the terms provided herein. Sure Guard, Inc. does not rent, sell, or give away any personally identifiable information to any unrelated third parties without your consent.

 

This Website, including any trademarks, trade dress, service marks, trade names, patent rights or proprietary information is owned or licensed by Sure Guard, Inc. and are protected in the United States. By use of this Website you agree to be bound to all Notices, Internet and Privacy Policies, and Disclaimers which may be revised from time to time without notice. It is important that you review these terms and conditions to stay informed with regard to any changes governing your continued use of this Website, materials and products. Any and all content, i.e. text, images, audio or video are provided as a convenience to you and are for general information and may not be used, copied, displayed or distributed for commercial purposes, with exception of information in the public domain or your personal use, without prior written consent of Sure Guard, Inc. If you do not agree to any Sure Guard, Inc. Terms of Use, Notices or Privacy Policies or Disclaimers, please do not use this Website.

 

You assume responsibilities to protect your systems from any damages to your electronic systems of communication, computer or operation from your use of this Website. Sure Guard, Inc. will take all reasonable security precautions against viruses, tampering or break-ins but assumes no responsibility for interruption, deletion, defect, unauthorized access to, or for damages or injury whatsoever resulting from your access to, or inability to access this internet site. You hereby agree to indemnify and hold harmless Sure Guard, Inc., its vendors, and representatives from any liability, loss, claim or damage whatsoever arising out of your use of this site.Sure Guard, Inc. reserves the right to take appropriate legal action, at its sole discretion, against anyone who intentionally attempts to gain unauthorized access to this Website, computer system, or accounts connected to this Website through hacking, password mining, harvesting of email addresses or information not intentionally made available through this Website.

 

Disclaimer of Warranties

SURE GUARD, INC. ITS SUPPLIERS, VENDORS, OR CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESSED OR IMPLIED AS TO THE ACCURACY OF ANY INFORMATION, MATERIALS OR PRODUCTS ACCESSIBLE THROUGH THIS WEBSITE. ALL INFORMATION, MATERIALS OR PRODUCTS ARE PROVIDED “AS IS” AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AGAINST NON-INFRINGEMENT RIGHTS OF THIRD PARTIES OR INTERFERENCES. SURE GUARD, INC. DOES NOT WARRANT OR GUARANTEE THAT ANY PRODUCT ACCESSIBLE THROUGH THIS WEBSITE OR OTHERWISE OBTAINED, WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF ANY SURE GUARD, INC. PRODUCTS, MATERIALS OR INFORMATION WILL BE ERROR FREE OR THAT SUCH PRODUCTS, MATERIALS OR INFORMATION CAN OR WILL BE CORRECTED. SURE GUARD, INC. WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONES USE OF THIS SERVICE, WEBSITE OR PRODUCTS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, THEREFORE, SOME EXCLUSIONS MAY NOT APPLY TO YOU.

 

SURE GUARD, INC. DOES NOT PRACTICE MEDICINE. THE INFORMATION CONTAINED WITHIN ANY INSTRUCTIONS OR SUBJECT MATTER IS PRESENTED EXPRESSLY FOR INFORMATIONAL PURPOSES AND IN NO WAY ARE ANY MATERIALS OR PRODUCTS PRESENTED WITHIN THIS WEBSITE MEANT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE OR ATTENTION BY A QUALIFIED PRACTITIONER, NOR SHOULD THEY BE CONSTRUED OR RELIED ON AS SUCH. USE OF ANY SURE GUARD PRODUCTS ARE AT YOUR OWN RISK. ALWAYS CONSULT WITH YOUR DOCTOR AND/OR LICENSED MEDICAL PROFESSIONAL BEFORE STARTING ANY NEW PROGRAM, TREATMENT, OR PRODUCTS.

 

Information You Provide

Sure Guard, Inc. does not wish to receive any confidential or proprietary information via this Website by you or anyone on your behalf or any unlawful proprietary information that incorporates the proprietary material of another. You agree that any material or communication sent to Sure Guard, Inc. except for personal information as set forth in our Privacy Policy, by email, facsimile, download, post, text or the like, including ideas, inventions, know-how or suggestions, you automatically grant or have the authority to grant Sure Guard, Inc. an irrevocable and perpetual license to use, copy, display, incorporate into other works, or distribute world-wide, free of royalties, such information and content and to develop, manufacture, market and to grant and authorize sublicenses of the foregoing.

 

Limitation of Liability

You agree to indemnify and hold harmless Sure Guard, Inc. and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all claims, costs and expenses, liabilities, demands, including without limitation, reasonable attorney’s fees, resulting from your breach of any provision of this Agreement.

 

In no event will either party be liable to the other for any consequential, indirect, special, incidental or punitive damages, regardless of the form of action, whether in an agreement, tort, strict product liability or otherwise, even if advised of the possibility of such damages and even if the damages were foreseeable.

 

Mediation and Arbitration

Any dispute arising under this Agreement shall be decided by mediation or binding arbitration and shall be conducted in accordance with the Commercial Mediation or the American Arbitration Association rules in effect at the time of this Agreement with Dallas, Texas as the designated locale. The demand for mediation shall be filed in writing with the American Arbitration Association and in a reasonable time after the dispute first arises. If a dispute is not settled by mediation, then a dispute shall be resolved thru arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Dallas, Texas. This contract shall be governed by the laws of the state of Texas.

 

Any international dispute, controversy or claim arising out of or relating to this contract shall be determined by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Dallas, Texas. This contract shall be governed by the laws of the state of Texas and in English.

 

Third Parties

Hollister Incorporated, Coloplast Group, ConvaTec Ltd, and Stomacur® names are identified solely for the purpose of providing compatibility information. These companies do not sponsor or endorse this product and are not affiliated with Sure Guard, Inc. in any way.

 

Entire Agreement: Severability

These Terms of Use, Notices, Disclaimers, Privacy and Purchasing Policies do not affect any statutory rights of consumers that cannot be waived or limited by contract. If any provision of this contract is unenforceable for any reason or held invalid, then such provision shall be deemed superseded by a valid and enforceable provision that matches as closely as possible the original provision, and all other provisions shall remain in full force and effect. The failure of either party to demand strict performance of this Agreement shall not constitute waiver of any provision or right.

 

Contacts

If you should have any questions about the Terms of Use, Notices, Privacy Policies or Disclaimers please contact our office.

 

Sure Guard, Inc.

P.O. Box 380538

Duncanville, TX 75138

ostomyresolutions@att.net

Telephone or Fax: 972-296-6844