TailorMed

1. Terms

Welcome to TailorMedScrubs.com (the "Site") which is owned by TailorMed, LLC ('TailorMed"). TailorMed provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms and Conditions of Use agreement ("TOU"). By accessing this website, you are agreeing to be bound by these website TOU, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Use of any functionality of the Site constitutes acceptance of this TOU. If this TOU conflicts with any other documents, the TOU will control for the purposes of usage of the Site. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law. If any portion of this TOU is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this TOU as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this TOU that is unlawful, void or unenforceable shall be stricken from this TOU. The headings contained in this TOU are for convenience of reference only, are not to be considered a part of this TOU, and shall not limit or otherwise affect in any way the meaning or interpretation of this TOU.

2. Description of Services

TailorMed acts as a marketplace to allow users who comply with our TOU access to sales of items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

3. Use License

TailorMed grants you limited license to access and make personal use of the Site and the Service. This is the grant of a license, not a transfer of title, and under this license you may not:

• download, copy, or modify account information for the benefit of another vendor or any other third party
• cache or provide unauthorized hypertext links to the Site and the framing of any content available through the Site
• use materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any content contained on TailorMed's website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server
• upload, post, or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• conduct any action which imposes or may impose an unreasonable or disproportionately large load on TailorMed infrastructure or use any data mining, robots, or similar data gathering and extraction methods
• bypass any measures used by TailorMed to prevent or restrict access to the Site and any portions of the Site.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by TailorMed at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Your Account

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), TailorMed has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and TailorMed has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify TailorMed immediately of any unauthorized use of your account or any other breach of security. TailorMed reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

5. Disclaimer

You expressly agree that use of the website is at your sole risk and is provided to you on an "as-is" and "as available" basis. TailorMed makes no representations or warranties of any kind, express or implied, as to the information, content, materials, products or services included on or associated with the Site. You expressly agree that your use of the Site and all products and services included on or associated with the Site is at your sole risk. TailorMed does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services and products associated with the Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the services and products associated with the Site. it is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the content and the services and products associated with the Site. TailorMed makes no representation, warranty or guarantee that the content that may be available for downloading from the Site is free of infection from any viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6. Limitations

You expressly understand and agree that TailorMed and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TailorMed has been advised of the possibility of such damages) resulting from use of the site, content, or any related services.

7. Indemnity

You agree to defend, indemnify, and hold TailorMed, our employees, officers, and other representatives harmless from and against all liabilities, damages, demands, claims, actions, costs, and expenses (including attorney fees) in connection with or rising from your breach of this TOU, or your violation of any law or the rights of a third party.

8. Revisions and Errata

The materials appearing on the Site could include technical, typographical, or photographic errors. TailorMed does not warrant that any of the materials on its website are accurate, complete, or current. TailorMed may make changes to the materials contained on its website at any time without notice. TailorMed does not, however, make any commitment to update the materials.

9. Links

The Site and its services may contain links to other websites belonging to TailorMed advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by TailorMed of those websites, nor the products or services listed on those websites. TailorMed is not responsible for content found on any linked sites and cannot attest to the accuracy, reliability, or appropriateness of any such content, or be held in any way responsible for it. Use of any such linked website is at the user's own risk.

The Site will contain articles contributed by several individuals. The views are exclusively their own and do not necessarily represent the views TailorMed, its employees, or its officers. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

10. Site Terms of Use Modifications

TailorMed may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of this TOU.

11. Governing Law

This Agreement is to be governed by and construed in accordance with the internal laws of the State of Texas, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this TOU, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Texas. You and TailorMed shall select the arbitrator, and if agreement on the selection of an arbitrator cannot be reached within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and TailorMed and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or TailorMed be entitled to punitive damages, and both you and TailorMed hereby waive any rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

12. Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of TailorMed. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of TailorMed or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.