Terms & Conditions
Welcome to the MedCap Store website (the “Site”). MedCap Store is a division of Omnikor, Inc. (“Omnikor”). MedCap Store and Omnikor are pleased to give you access to this Site. Your use of this Site, and all information, products and services on this Site (collectively, the “Services”) are subject to the binding legal terms set forth below (“Terms”). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we put on this Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.
In order to use this Site and the Services, you need Internet access. You also need certain equipment to access this Site and the Services, including a computer, modem and other devices. You agree to pay for Internet access and the equipment needed, and Omnikor is not responsible for any of these costs.
All content, graphics, code and software used on or incorporated into this Site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to MedCap Store, and all rights thereto are specifically reserved.
This Site may contain typographical errors or inaccuracies and may not be complete or current. MedCap Store therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. We apologize for any inconvenience.
MedCap™, MedCap Store™, as well as page headers, custom graphics, buttons, images and other content on this Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Omnikor, Inc. Other trademarks, product names and company names or logos used on this Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.
You may download or copy content, graphics, code and software from this Site for your personal use only. No right, title or interest in any downloaded content, graphics, code or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content, graphics, code or software without permission.
Your Postings to this Site
MedCap Store may permit you to transmit or post comments, feedback, suggestions, ideas and information or content (collectively “Content”). If you transmit or post any Content, on or through this Site, you guarantee to us that you have legal rights to post the Content and it will not violate any law or the rights of any person. You further agree that Content posted or transmitted by you will not be and will not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for any Content you post or transmit.
All Content is subject to the following terms: by posting Content you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use the Content as described in these Terms; and to use, distribute, display and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you; you understand that we are not responsible for the truth, completeness, objectivity or usefulness of any Content, nor do we endorse any Content; we do not verify the identity of people using our Site, and you assume the risk of believing any Content you read; we do not screen, monitor, edit or review Content; we do have the right to monitor or remove any Content at any time and without notice if we believe it will improve our Site; and we can also suspend or terminate use of this Site or the Services by anyone who does not follow these Terms.
MedCap Store is and shall be under no obligation: to maintain any Content in confidence; to pay to user any compensation for any Content; or to respond to any Content.
MedCap Store and its associates attempt to be as accurate as possible. However, MedCap Store does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error free. If a product offered by MedCap Store itself is not as described, your sole remedy is to return it in unused condition.
We have made every effort to display as accurately as possible the colors of our products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Risk of Loss
All items purchased from MedCap Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Other Websites and Services
Disclosure of Your Identity
From time to time we may receive requests to disclose the identities of our users. We do not disclose the identities of our users unless we are legally required to do so.
If a governmental agency (for example, the Securities and Exchange Commission, law enforcement agencies, U.S. Attorneys' offices or similar governmental agencies) sends us a subpoena, we will comply with it. If we receive a subpoena by a third party that is not a governmental agency (for example, a subpoena in connection with civil litigation), we will contact the user whose identity has been requested using the contact information the user provided during the registration process. We will wait 10 days after notifying the user before complying with the subpoena, unless the subpoena requires us to disclose this information before then. If we cannot wait 10 days because of the deadline in the subpoena, we will let the user know the deadline included in the subpoena when we provide notice that we received it.
You understand that you are personally responsible for your use of this Site and the Services and you agree to indemnify and hold MedCap Store and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of this Site or the Services, or your violation of either these Terms or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THIS SITE OR THE SERVICES (INCLUDING ANY DOWNLOAD FROM THIS SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THIS SITE OR THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THIS SITE AND THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) ACCESSIBLE ON OR THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT
MEDCAP STORE MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT MEDCAP STORE DOES NOT REPRESENT OR WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS PARAGRAPH.
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDCAP STORE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDCAP STORE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS SITE OR THE SERVICES, EVEN IF CHEROKEE UNIFORMS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination
We can terminate your access to this Site or the Services at any time, without cause and without notice to you.
We can also change these Terms at any time, without notice to you, and your continued use of the Services after any change we make will mean that you have agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU ARE NOT AUTHORIZED TO ACCESS THIS SITE OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
Upon any termination of these Terms you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
These Terms are the entire agreement between you and MedCap Store. They supersede any and all prior or contemporaneous agreements between you and Cherokee Uniforms relating to your use of this Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Colorado, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by MedCap Store for any violation of MedCap Store’ proprietary or other rights, any and all disputes relating to these Terms, your use of this Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the Judicial Arbiter Group, Inc. (“JAG”) before an independent arbitrator designated by the JAG. The location of arbitration shall be Denver, Colorado, USA. You may direct any questions concerning these Terms to: