Terms and Conditions/Terms of Service

TERMS OF SERVICE AGREEMENT

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF .

 

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Wallace
Home Medical Supplies, also known as, located at 549 10th Street, Paso Robles, California
93446 and our subsidiaries and affiliates, in association with the use of thewebsite, which
includes www.wallacehms.com, (the “Site”) and its Services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is a news and information website which has the following description:
Wallace Home Medical Supplies provides information to its users of products and services that
are offered in their stores.

 

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided
for the purpose of this TOS.

 

The user acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of Wallace Home Medical Supplies.

 

At its discretion, Wallace Home Medical Supplies may offer additional website Services and/or
products, or update, modify or revise any current content and Services, and this Agreement shall
apply to any and all additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. Wallace Home Medical Supplies does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or
products. You, as the end user acknowledge, accept and agree that Wallace Home Medical Supplies
shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of
any of our Services and/or products. Your continued use of the Services provided, after such posting of
any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes
and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and policies currently in effect.
Should you not agree to the updated, revised or modified terms, you must stop using the provided
Services forthwith.

 

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be
provided “AS IS” and as such Wallace Home Medical Supplies shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to store user content,
communication or personalization settings.

 

PRIVACY POLICY

 

Every member’s registration data and various other personal information are strictly protected by
t h e Wallace Home Medical Supplies Online Privacy Policy (see the full Privacy Policy at
www.wallacehms.com/privacy-policy/). As a member, you herein consent to the collection and
use of the information provided, including the transfer of information within the United States
and/or other countries for storage, processing or use by Wallace Home Medical Supplies and/or
our subsidiaries and affiliates.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

 

Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).

 

Furthermore, you state and pledge that you:

 

a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;

 

b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;

 

c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and

 

d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

 

Wallace Home Medical Supplies shall not lay claim to ownership of any content submitted by any
visitor or user, nor make such content available for inclusion on our website Services. Therefore,
you hereby grant and allow for Wallace Home Medical Supplies the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:

 

a) The content submitted or made available for inclusion on the publicly accessible areas of
Wallace Home Medical Supplies’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Wallace Home Medical Supplies’s sites, and
shall terminate at such time when you elect to discontinue your membership.

 

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Wallace Home Medical Supplies’s sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Wallace Home
Medical Supplies’s sites and shall terminate at such time when you elect to discontinue
your membership.

 

c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Wallace Home Medical Supplies’s sites, the continuous, binding and completely
sub-licensable license which is meant to permit to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.

 

Those areas which may be deemed “publicly accessible” areas ofWallace Home Medical
Supplies’s sites are those such areas of our network properties which are meant to be available
to the general public, and which would include message boards and groups that are openly
available to users.

 

CONTRIBUTIONS TO COMPANY WEBSITE

 

Wallace Home Medical Supplies provides an area for our users to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to
our site, you acknowledge and agree that:

 

a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;

 

c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;

 

d) the contributor’s Contributions shall automatically become the sole property of; and
e) is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.

 

INDEMNITY

 

All users herein agree to insure and holdWallace Home Medical Supplies, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney fees made by any
third party which may arise from any content a user of our site may submit, post, modify, transmit
or otherwise make available through our Services, the use of Services or your connection with
these Services, your violations of the Terms of Service and/or your violation of any such rights of
another person.

 

COMMERCIAL REUSE OF SERVICES

 

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to ‘s sites.

 

MODIFICATIONS

 

Wallace Home Medical Supplies shall reserve the right at any time it may deem fit, to modify,
alter and or discontinue, whether temporarily or permanently, our service, or any part thereof,
with or without prior notice. In addition, we shall not be held liable to you or to any third party for
any such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.

 

ADVERTISERS

 

Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Wallace Home Medical Supplies shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on our website.

 

LINKS

 

Either Wallace Home Medical Supplies or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other materials, on or available
from such third party sites or resources. Furthermore, you acknowledge and agree that Wallace
Home Medical Supplies shall not be responsible or liable, directly or indirectly, for any such
damage or loss which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.

 

PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree thatWallace Home Medical Supplies’s Services and any
essential software that may be used in connection with our Services (“Software”) shall contain
proprietary and confidential material that is protected by applicable intellectual property rights and
other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by
Wallace Home Medical Supplies or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic
works which are based on Wallace Home Medical Supplies Services (e.g. Content or Software),
in whole or part.

 

Wallace Home Medical Supplies herein has granted you personal, non-transferable and nonexclusive
rights and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt
to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or
otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or
change the Software in any manner, nature or form, and as such, not to use any modified
versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access
our Services through any means other than through the interface which is provided by Wallace
Home Medical Supplies for use in accessing our Services.

 

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

a) THE USE OF WALLACE HOME MEDICAL SUPPLIESSERVICES AND SOFTWARE
ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. WALLACE HOME
MEDICAL SUPPLIES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

b) WALLACE HOME MEDICAL SUPPLIESAND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT (i) WALLACE HOME MEDICAL SUPPLIESSERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) WALLACE HOME MEDICAL
SUPPLIES SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE WALLACE HOME MEDICAL SUPPLIESSERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.

 

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF WALLACE HOME MEDICAL SUPPLIESSERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.

 

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM WALLACE HOME MEDICAL SUPPLIES OR BY
WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WALLACE HOME
MEDICAL SUPPLIES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO
THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

a) THE USE OR INABILITY TO USE OUR SERVICE;

 

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

 

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;

 

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

 

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

 

In the event you have a dispute, you agree to releaseWallace Home Medical Supplies (and its
officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.

 

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

 

Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware” is
appropriate. Wallace Home Medical Supplies’s content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is intended for trading
or investing purposes. Wallace Home Medical Supplies and our licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.

 

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.

 

NOTICE

 

Wallace Home Medical Supplies may furnish you with notices, including those with regards to
any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of theWallace Home Medical Supplies
trademarks, copyright, trade name, service marks, and other Wallace Home Medical Supplies
logos and any brand features, and/or product and service names are trademarks and as such,
are and shall remain the property of Wallace Home Medical Supplies. You herein agree not to
display and/or use in any manner the Wallace Home Medical Supplies logo or marks without
obtaining Wallace Home Medical Supplies’s prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES

 

Wallace Home Medical Supplies will always respect the intellectual property of others, and we
ask that all of our users do the same. With regards to appropriate circumstances and at its sole
discretion, Wallace Home Medical Supplies may disable and/or terminate the accounts of any
user who violates our TOS and/or infringes the rights of others. If you feel that your work has
been duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the following
information:

 

a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;

 

b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;

 

c) A description of the location of the site which you allege has been infringing upon your
work;

 

d) Your physical address, telephone number, and email address;

 

e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;

 

f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.

 

The Wallace Home Medical Supplies Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:

 

Mailing Address:

 

Wallace Home Medical Supplies
Attn: Copyright Agent
549 10th Street
Paso Robles, California 93446

 

Telephone: 8052383935

 

Fax: 8052383974

 

Email: ashley@wallacehms.com

 

CLOSED CAPTIONING

 

BE IT KNOWN, that Wallace Home Medical Supplies complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at www.wallacehms.com.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

 

This TOS constitutes the entire agreement between you andWallace Home Medical Supplies and
shall govern the use of our Services, superseding any prior version of this TOS between you and
us with respect to Wallace Home Medical Supplies Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain other Wallace
Home Medical Supplies Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

 

It is at the mutual agreement of both you andWallace Home Medical Supplies with regard to the
TOS that the relationship between the parties shall be governed by the laws of the state of
California without regard to its conflict of law provisions and that any andall claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the relationship between you and
Wallace Home Medical Supplies, shall be filed within the courts having jurisdiction within the
County of San Luis Obispo, California or the U.S. District Court located in said state. You and
Wallace Home Medical Supplies agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

 

At any time, should Wallace Home Medical Supplies fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any
provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

STATUTE OF LIMITATIONS

 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
1 year(s) after said claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

 

Please report any and all violations of this TOS toWallace Home Medical Supplies as follows:

 

Mailing Address:

 

Wallace Home Medical Supplies
549 10th Street
Paso Robles, California 93446
Telephone: 8052383935
Fax: 8052383974
Email: ashley@wallacehms.com