Welcome to www.ApolloSurgicalInc.com (the “Site”). The following user agreement states the terms and conditions for your use of the Site. The words “user,” “you” and “your” as used in this agreement refer to users of the Site, and if you are under the age of 18 years old, “you” and “your” also includes your parents or legal guardians. “We” and “us” refers to Apollo Surgical Industries, Inc.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By accessing and using the Site, you signify (i) that you are at least 18 years old, and (ii) your agreement to these terms and conditions of use. If you do not agree to these terms and conditions of use, you are not permitted to use the Site.
We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time. Such changes, modifications and/or alterations are effective immediately upon their posting here. Your use of the Site shall be deemed to confirm your acceptance of these terms and conditions and any changes, modifications or alterations thereof. Your consent to these and any new terms will be required in order for you to continue to use the Site. You are responsible for periodically reviewing this page.
USE OF THE SITEYou agree to not:
1. Attempt to elude or elude the security systems of the Site;
2. Attempt to gain access or gain access to the Site in a fraudulent manner;
3. Attempt to obtain or ascertain or obtain or ascertain any other user’s personal information by an means whatsoever
4. Use the Site for any purposes other than those intended by Apollo Surgical Industries, Inc., as determined by Apollo Surgical Industries, Inc. in its sole discretion; or
5. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
We further reserve the right to modify and/or discontinue the Site at any time without notice.
INTELLECTUAL PROPERTY OWNERSHIPAll materials contained on the Site, including but not limited to software, designs, text, images, photography, illustrations, audio clips, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks service marks, and trade names, trade dress and patents (the “Material”) are the property of Apollo Surgical Industries, Inc. and/or its affiliates, subsidiaries, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and patent laws. You agree not to reproduce, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, but not limited to the display and distribution of the Materials via a third party site) without prior written consent from Apollo Surgical Industries, Inc..
You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Disclaimer & Limitation Of Liability
The Site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied. We do not warrant that the functions contained in or on the Site will be uninterrupted or error-free, or that defects will be corrected. Apollo Surgical Industries, Inc., its affiliates, and subsidiaries, and their respective officers, directors, members, employees, agents, licensors, and representatives are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the information and material contained on the Site.
To the fullest extent permissible pursuant to applicable law, Apollo Surgical Industries, Inc. its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the Site or materials contained on the Site, even if we have been advised of the possibility of such damages. The entire risk as to the quality, accuracy, completeness, correctness, and validity of any material rests with you.
Notwithstanding the foregoing, in no event shall Apollo Surgical Industries, Inc.’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Site or US $14.99, whichever is less.
IndemnityYou agree to indemnify, defend, and hold harmless, Apollo Surgical Industries, Inc. its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of any of these terms and conditions. You will use your best efforts to cooperate with us in the defense of any claim arising from or caused by conduct of yours that violates these terms and conditions. Apollo Surgical Industries, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, provided that you fully cooperate with Apollo Surgical Industries, Inc. in asserting any available defenses.
SEVERABILITYIf any provision of these terms and conditions is found to be illegal, void or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
PRIVACYPlease visit our Privacy Policy which also governs your use of the Site and is incorporated in and made part of these terms and conditions. If you are outside the United States, you understand and agree that by providing the Site with any information about yourself, you are consenting to the transfer of that information to the United States.
MISCELLANEOUSNo software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
These terms and conditions contain the entire understanding of the parties hereto relating to the subject matter hereof.
These terms and conditions and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New Jersey applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms and conditions shall be exclusively in the New Jersey State courts located in Bergen, County, New Jersey or in federal courts located in the State of New Jersey.
TERMS OF 30 DAY FREE TRIALAll 30-Day Free Trial requests must be accompanied by a Purchase Order that includes the following: purchase order number, name of the requesting entity and/or persons, telephone number and email address, shipping address, billing address, REF ID of the products requested, and quantity of each product requested. Said purchase order shall list a price of zero dollars ($0), which will be the billable amount for the Thirty Day "Trial Period". A Free Trial request submitted online will not be processed by Apollo Surgical Industries, Inc. until an additional Purchase Order is received either by email, fax, or any other applicable delivery method. The Thirty Day "Trial Period" will begin on date of delivery, and expire at midnight thirty days after the date of delivery of the trial product to you. In order to avoid being charged for the trial product, you must ship the trial product back to Apollo Surgical Industries, Inc. with thirty days of your receipt of the trial product. Your failure to ship the trial product back to Apollo Industries, Inc. within thirty days of receipt of the trial product shall constitute your agreement to retain the trial product and to immediately pay Apollo Surgical Industries, Inc. for that product. The trial product will be sent with an invoice for full payment. If the trial product is returned within the Trial Period, any and all invoices regarding the trial product will be expunged, and no balance will be due. If a trial product is received in damaged condition, you shall have two business days to report the damaged trial product to Apollo Industries, Inc. by calling 800-749-4699 or by sending an email to sales@apollosurgicalinc.com to obtain a Return ID Number. With the Return ID Number, you can return the damaged product to Apollo Surgical Industries, Inc. and a replacement will be sent to you at no cost to you. If you receive a damaged trial product and return it to Apollo Surgical Industries, Inc. in accordance with the above terms, your thirty day trial period shall commence on the delivery date of the replacement trial product. If you return the trial product to Apollo Industries, Inc. in damaged condition without a Return ID Number assigned by Apollo Surgical Industries, Inc, you will be responsible for full payment of the damaged trial product without exception. Free-Trial Products shipped within the continental United States will be shipped at the expense of Apollo Surgical Industries, and a return label will be provided should you decide to return the product. Variable international rates apply to shipments sent outside the continental United States, and will be billed to international customers who wish to participate in a thirty day free trial.
All free trials shall be subject to the following terms: Apollo Surgical Industries, Inc. reserves the right to deny and/or reject any and all free trial requests that are not deemed as "Acceptable End-Users". "Acceptable End-Users" include (but are not limited to) surgeons, physicians, hospital staff, and medical-device distributors and/or sales representatives. Unacceptable End-Users include manufacturers and/or competing medical-device distributors and sales companies that are obtaining products from Apollo Surgical Industries, Inc. for purposes other than for use in connection with laparoscopic surgery. Such prohibited purposes shall include, but not be limited to, reverse engineering said products, studying, analyzing, reviewing (i) said products for the purpose of ascertaining their methods of manufacture or (ii) the designs of and technology incorporated in said products for the purpose of developing, marketing, selling or promoting competitive products or products that are otherwise not authorized by Apollo Surgical Industries, Inc. Apollo Surgical Industries, Inc. shall also have the right to reject or deny purchases from any customer that Apollo Surgical Industries, Inc. determines, in its sole discretion, to have an unacceptable payment or credit history or profile. Furthermore, Apollo Surgical Industries, Inc. has the right to review any potential purchaser in order to verify that he/she is an "acceptable End-User", which includes, but is not limited to, requiring the potential purchaser to provide additional information and/or conducting credit checks. All of our product designs have been conceived, developed, and patented by Apollo Surgical Industries, Inc. with the intention of use in laparoscopc surgery only, and federal law restricts our devices to sale by, or on order of a physician. By requesting a free trial from Apollo Surgical Industries, Inc., requester confirms and acknowledges that he/she is in fact an "acceptable end-user" or is submitting a request on behalf of an “acceptable end user”, and that all information submitted is accurate. Any requester for a free trial from Apollo Surgical Industries, Inc. who falsely confirms that he/she is an “acceptable end user” or is acting on behalf of an “acceptable end-user” shall be in violation of these Terms of Sale and hereby agrees to pay Apollo Surgical Industries, Inc. and be liable to Apollo Surgical Industries, Inc. for $100,000 which amount (i) represents a portion of Apollo Surgical Industries, Inc.’s costs in developing the patented inventions and other proprietary technology embodied in Apollo Surgical Industries, Inc.’s products and (ii) purchaser agrees is a reasonable amount in view of the above.
TERMS FOR FREE SAMPLES
Samples of Apollo Surgical Industries, Inc. shall only be provided to "Acceptable End-Users". "Acceptable End-Users" include (but are not limited to) surgeons, physicians, hospital staff, and medical-device distributors and/or sales representatives who intend to use Apollo Surgical Industries, Inc.’s products in connection with laparoscopic surgery. Unacceptable End-Users include manufacturers and/or competing medical-device distributors and sales companies that are obtaining products from Apollo Surgical Industries, Inc. for purposes other than the intended medical use of such products. Prohibited purposes shall include, but not be limited to, reverse engineering said products, studying, analyzing, reviewing (i) said products for the purpose of ascertaining their methods of manufacture or (ii) the designs of and technology incorporated in said products for the purpose of developing, marketing, selling or promoting competitive products or products that are otherwise not authorized by Apollo Surgical Industries, Inc. Apollo Surgical Industries, Inc. has the right to review any request for a sample in order to verify that the requester is an "acceptable End-User", which includes, but is not limited to requiring the requester to provide additional information. All of our product designs have been conceived, developed, and patented by Apollo Surgical Industries, Inc. with the intention of use in laparoscopic surgery only, and federal law restricts our devices to sale by, or on order of a physician. For each product offered by Apollo Surgical Industries, Inc., Apollo Surgical Industries, Inc. will only provide one sample of that product to a shipping address. By requesting a sample from Apollo Surgical Industries, Inc., requester confirms and acknowledges that he/she is in fact an "acceptable end-user" or is submitting a request on behalf of an “acceptable end user”, and that all information submitted is accurate. Any requester of a sample of products from Apollo Surgical Industries, Inc. who falsely confirms that he/she is an “acceptable end user” or is acting on behalf of an “acceptable end-user” shall be in violation of these Terms and hereby agrees to pay Apollo Surgical Industries, Inc. and be liable to Apollo Surgical Industries, Inc. for $100,000 which amount (i) represents a portion of Apollo Surgical Industries, Inc.’s costs in developing the patented inventions and other proprietary technology embodied in Apollo Surgical Industries, Inc.’s products and (ii) purchaser agrees is a reasonable amount in view of the above. These terms and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New Jersey applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms or any samples obtained from Apollo Surgical Industries, Inc., shall be exclusively in the New Jersey State courts located in Bergen County, New Jersey or in federal courts located in the State of New Jersey.
TERMS OF SALE
All sales shall be subject to the following terms: Apollo Surgical Industries, Inc. reserves the right to deny and/or reject any and all orders that are not deemed as "Acceptable End-Users". "Acceptable End-Users" include (but are not limited to) surgeons, physicians, hospital staff, and medical-device distributors and/or sales representatives. Unacceptable End-Users include manufacturers and/or competing medical-device distributors and sales companies that are obtaining products from Apollo Surgical Industries, Inc. for purposes other than for use in connection with laparoscopic surgery. Such prohibited purposes shall include, but not be limited to, reverse engineering said products, studying, analyzing, reviewing (i) said products for the purpose of ascertaining their methods of manufacture or (ii) the designs of and technology incorporated in said products for the purpose of developing, marketing, selling or promoting competitive products or products that are otherwise not authorized by Apollo Surgical Industries, Inc. Apollo Surgical Industries, Inc. shall also have the right to reject or deny purchases from any customer that Apollo Surgical Industries, Inc. determines, in its sole discretion, to have an unacceptable payment or credit history or profile. Furthermore, Apollo Surgical Industries, Inc. has the right to review any potential purchaser in order to verify that he/she is an "acceptable End-User", which includes, but is not limited to, requiring the potential purchaser to provide additional information and/or conducting credit checks. All of our product designs have been conceived, developed, and patented by Apollo Surgical Industries, Inc. with the intention of use in laparoscopc surgery only, and federal law restricts our devices to sale by, or on order of a physician. By requesting to make a purchase from Apollo Surgical Industries, Inc., requester confirms and acknowledges that he/she is in fact an "acceptable end-user" or is submitting a request on behalf of an “acceptable end user”, and that all information submitted is accurate. Any purchaser of products from Apollo Surgical Industries, Inc. who falsely confirms that he/she is an “acceptable end user” or is acting on behalf of an “acceptable end-user” shall be in violation of these Terms of Sale and hereby agrees to pay Apollo Surgical Industries, Inc. and be liable to Apollo Surgical Industries, Inc. for $100,000 which amount (i) represents a portion of Apollo Surgical Industries, Inc.’s costs in developing the patented inventions and other proprietary technology embodied in Apollo Surgical Industries, Inc.’s products and (ii) purchaser agrees is a reasonable amount in view of the above. Billing: All sales are considered final by Apollo Surgical Industries, Inc, with exception to damaged goods upon receipt by consumer. If product is damaged upon delivery to consumer, he/she has three (3) business days from date of delivery to report the damaged product to sender by calling 800-749-4699 or by sending an email to sales@apollosurgicalinc.com to obtain a Return Materials Authorization number (RMA). With said RMA number, receiver can return the damaged product to Apollo Surgical Industries, Inc. at the cost of Apollo Surgical Industries, Inc. In said instance, the bill date shall be adjusted based on the date of delivery of replacement product, rather than the original delivery date of the damaged product. If a purchased product is damaged upon return to Apollo Surgical Industries, Inc. without an assigned RMA number, receiver is liable for full payment of damaged product without exception. Purchase Orders: Apollo Surgical Industries, Inc.'s payment terms are Net/30 from date of delivery, and any invoices aging Net/30+ will be assessed a finance charge of 1.5% of the balance due. Balances that are 120+ days overdue shall be submitted to a third-party collecting agency for payment. Apollo Surgical Industries, Inc. does not allow partial payments of balances due unless explicitly written prior to sale. Online Orders: Any and all purchase orders submitted through http://www.apollosurgicalinc.com are deemed legitimate by Apollo Surgical Industries, Inc, and will be processed as such with any and all information provided by the submitting party. Apollo Surgical Industries, Inc. is not responsible for any inaccurate information provided, and reserves the right to pursue those who intentionally provide false or misleading information in the legal courts of the United States. If a billing address is not supplied within the context of an online purchase order, all invoice matters will be sent with the product to the shipping address, and it is the responsibility of the consumer to ensure that proper payment is submitted in full by the designated invoice due date. Shipping: All purchase orders shipped within the continental United States are subject to a flat shipping and handling fee of twenty-five US dollars ($25). Variable international rates apply for all shipments made outside the continental United States. Apollo Surgical Industries, Inc. shall not be held responsible for the actions, terms, or conditions set forth by any of its third-party shipping entities, and employs such entities only to further Apollo Surgical Industries, Inc.'s service potential. These terms of sale and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New Jersey applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms of sale or any purchases made from Apollo Surgical Industries, Inc., shall be exclusively in the New Jersey State courts located in Bergen County, New Jersey or in federal courts located in the State of New Jersey.
WARRANTY INFORMATION
All peanut products (REF IDs: SG5, SG10,TDSG5, TDSG10, SGH5, SGH10, SGH532, SGH1032) are warranted for 90 days from the date of delivery for defects in materials and workmanship. All reusable Double Graspers (REF IDs: DG530, DGF520) are warranted for one year from the date of delivery for defecs in materials and workmanship. Any defective instrument will be repaired or replaced at no charge, provided it is returned to the manufacturer sterile, prepaid, and marked with a valid Return Materials Authorization number (RMA). This warranty does not apply to misuse, abuse, or accidents during use. Apollo Surgical Industries, Inc. reserves the right to determine what constitutes defects in materials and workmanship. No other warranty is intended, expressed, or implied.
This page was lasted updated on December 13, 2010.
© 2010 Apollo Surgical, Inc. All Rights Reserved.
Site Designed by Digital Bungalow.
