Terms & Conditions
The HealthSmart Mission
You reached these terms via a website owned or operated by Briggs Medical Service Company or its affiliates, including but not limited to HealthSmart (collectively, the "Company," “we,” “us,” or other similar terms). “You” and similar terms refers to you, the individual using this Web site, as well as any person or entity on whose behalf you are using this Web site and all others who may have rights through you.
We reserve the right to modify, change, edit or revise these Terms from time to time and without notice, and such changes will be effective immediately. Your continued use of the Websites following the posting of changes to these Terms will mean that you accept any such modifications.
Agreement to the Terms
Please read these terms carefully, and keep a copy of them for your reference. By using any of the Websites, or by clicking to accept or agree to the Terms when this option is made available to you, you agree to be bound by the Terms. If you object to anything in the Terms, you must not access or use the Website. By using any of the Websites you agree to any additional terms and conditions that may apply to the purchase of products offered via the Website, such as return and shipping policies, or that may otherwise be provided to you from time to time.
The Websites are offered and available to users who are 18 years of age or older, and we do not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Websites only with permission of a parent or guardian. By using any of the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Some of the Websites may require you provide registration details before you can access the Websites or some of the resources they offer. It is a condition of use of these Websites that all the information you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to any or all of the Websites, and to terminate or suspend your accounts.
You are responsible for maintaining the confidentiality of your accounts, passwords, and any other piece of information that is part of our security procedures, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to any of the Websites using your information. You may not assign or otherwise transfer your account to any other person or entity.
We have the right to (i) disable any account, user name, password, or other identifier or (ii) to block any IP address, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms. You agree that you will not create a new account after we disable yours.
We have the right to delete any information associated with an account without notice if we, in our discretion, determine that it violates any of these Terms or that is it detrimental to the public good or the good of the Company.
Visiting any of the Websites or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Websites, satisfy any legal requirement that such communications be in writing.
Copyright and Ownership
The Website and its entire contents, features and functionality, is owned or licensed by us and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All of the content displayed on the Websites including, but not limited to, information, documents, software, images, text, graphics, and videos (“Content”), is owned by us, our licensors, vendors, or agents.
All trademarks and trade names used by us herein are trademarks of us, or our affiliates, partners, vendors or licensors. You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or in any way modify the trademarks displayed on any of the Websites in any way and for any purpose without prior written consent from us or the applicable trademark holder. You are not authorized to modify any of the materials on the Websites and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the information or work contained on the Websites.
We grant you a non-exclusive, non-transferable, limited license to access, view, download and print the Content solely in accordance with these Terms and solely for your personal, non-commercial use. We may terminate the above license at any time for any reason.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the Content without prior written consent from us. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites or Content in breach of the Terms, your license will terminate immediately, automatically, and without notice. Upon the termination of this license you must stop using the Websites and Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control. No right, title or interest in or to the Websites or Content is transferred to you, and all rights not expressly granted are reserved by us.
Products and Content
All features of the products and prices or the products described or depicted on the Websites are subject to change at any time and without prior notice. We make reasonable efforts to accurately display the attributes of the products including, but not limited to, the colors. The actual colors that you see will depend on your computer and we cannot guarantee that your computer will accurately display the colors. The inclusion of a product on any of the Websites at any particular time does not in any way imply or warrant that such a product will be available at all times. We reserve the right to set limits on the quantity per order and the quantity available to any person, household, billing address, shipping address, or credit card over a period of time, of any and all items sold on any of the Websites.
You agree to comply with all applicable United States and international laws, statutes and regulations regarding your use of the Website, including minimum age requirements, in regard to the purchase, possession, use and sale of products purchased from the Websites.
Editing, Deleting and Modification of Content on Websites
We reserve the right in our sole discretion to edit and/or delete any information or other content appearing on the Websites.
No compensation will be paid with respect to the use of your Submissions, as provided herein. We may review Submissions, but are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submission including photos and copyright as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
All Submissions must comply with the restrictions and limitations described in the section “No Unlawful or Prohibited Use” and the following restrictions. Without limiting the foregoing, Submissions must not:
- Contain material or links to any material, websites or other information that is libelous, defamatory, obscene, indecent, lewd, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of hate speech.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act, including but not limited to promoting illegal or unauthorized copies of another person's copyrighted work (such as providing information to circumvent manufacture-installed copy-protect devices, or providing or links to pirated images, audio or video files).
- Impersonate any other person or use a false identity (the name of some other person or entity)
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
- Post personal or private information regarding anyone other than yourself (for example, you will not publish a telephone number, financial information or address information regarding another person).
If you choose to post items to the Interactive Services, such items may be available to other individuals using the Websites and we do not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information. Always use caution in posting personally identifying information in such areas, as these postings will be deemed public and non-confidential.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You also understand that we are not responsible for the information or items posted by other Website users, and such information may be inaccurate or harmful. Your use or reliance on any such information is at your own risk. We are not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Website.
You understand and agree that we may review and delete any Submissions that in the sole judgment of us violate the Terms or which might be offensive, illegal, that might violate the rights, harm, threaten the safety of third parties, or that is otherwise inappropriate. However, we are under no obligation to review any Submissions.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to us that you will not use any of the Websites for any purpose that is unlawful or prohibited by these Terms. You agree that you are responsible for all postings or other activity performed using your username and password.
You agree not to: (a) “Stalk” or otherwise harass any person or otherwise violate the legal rights of others; (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (c) Impersonate any other person or use a false identity (the name of some other person or entity); (d) Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (e) Intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device, or otherwise take any action designed to interfere with the operation of this website; (f) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or (g) Access or attempt to access the account of any other person, or any other area or section of this website that is restricted and to which you have not explicitly been granted access.
Certain of the Websites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Links to Third Party Sites and Third Party Services
The Websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of us and we’re not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
Certain services made available by us may be delivered by third party sites and organizations. By using any product, service or functionality originating from any of our Websites, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
Linking to the Site
You may provide links to any of the Websites, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Websites, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Websites immediately upon request by us.
While we take measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to us, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the Websites. You agree that we are not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
The Websites are controlled, operated and administered by us from our offices within the USA. If you access any of the Websites from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the internet in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, and third parties (collectively, “Covered Parties”), from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of your use of or inability to use the Website including, without limitation, any actual or threatened suit, demand or claim made against the Covered Parties, arising out of or relating to your conduct, your violation of these Terms or any other Company terms, policies or agreements available through the Websites, or your violation of the rights of any third party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE WEBSITES, THE CONTENT, PRODUCTs, AND/OR THE SERVICES PROVIDED IN CONNECTION WITH ANY OF THE WEBSITES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED BY THE COMPANY (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN ADDITION THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES, OR THE OPERATION OR FUNCTION OR THE WEBSITES, OR ANY OF THE SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD-PARTIES THROUGH ANY WEB SITE INCLUDING THE WEBSITES. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, SUMMARY, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD-PARTIES THROUGH ANY THIRD-PARTY OR OUR WEB SITES.
Limitation of Liability
Not Medical or Legal Advice
THE WEBSITES MAY OFFER YOU INFORMATION FOR EDUCATIONAL PURPOSES ONLY. THE INFORMATION IS GENERAL IN NATURE AND MAY NOT BE APPROPRIATE FOR YOUR SPECIFIC SITUATION. THIS INFORMATION IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR THE ADVICE OF COUNSEL. IF YOU REQUIRE LEGAL ADVICE FOR A PARTICULAR SITUATION, YOU SHOULD ENGAGE LEGAL COUNSEL OF YOUR CHOICE BEFORE TAKING ANY ACTION.
THE WEBSITES MAY OFFER YOU GENERAL HEALTH-RELATED INFORMATION FOR EDUCATIONAL PURPOSES ONLY. OUR WEBSITES CANNOT, AND DO NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE INFORMATION IS NOT INTENDED TO BE PROFESSIONAL ADVICE AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN, PHARMACIST, OR OTHER HEALTH CARE PROFESSIONAL. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY.
YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THE WEBSITES IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THESE WEBSITES WILL MEET YOUR NEEDS OR ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ARE RESPONSIBLE FOR THE ACCURACY AND LEGALITY OF THE INFORMATION YOU PROVIDE. NEITHER OUR CONTENT PROVIDERS NOR WE ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE CONTENT OR SERVICES PROVIDED TO YOU.
Choice of Law and Forum
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Iowa and you hereby consent to the exclusive jurisdiction and venue of courts in Iowa in all disputes arising out of or relating to the use of the Websites. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. In any claim or action directly or indirectly arising under this agreement or related to the Websites, each party irrevocably submits to the personal jurisdiction of the Iowa State District Court sitting in Polk County, Iowa. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against the Company in your individual capacity only, and you will not participate in any collective or so-called “class” action against the Company.
We may update the Websites and Content from time to time, but the Content is not necessarily complete or up-to-date, and we are under no obligation to update such material. We also reserve the right at any time to modify or discontinue, temporarily or permanently, any of the Websites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites.
You may not assign any rights or obligations under this agreement without prior written consent. The Company may assign all or part of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company as a result of this agreement or use of the Websites. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by us with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree to bring any and all claims involving the Company within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
1931 Norman Drive, Waukegan, IL 60085