Terms of Use

This website is offered to the user subject to the user’s acceptance of the terms, conditions, and notices contained in these Terms of Use. These Terms of Use apply to your use of or visit to this website and all functions or features of this website, as well as all offers, sales, purchases and rentals of products or services sold through this website. By accessing and using this website, the user signifies the user’s agreement to and acceptance of these Terms of Use, as they may be modified from time to time by Alba Medical Supply (“Alba”). BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS OF USE AS YOUR BINDING AGREEMENT.

YOUR ACCOUNT

Customers of Alba may register for an account. As part of the registration process, you will create a username and password. You are responsible for maintaining and promptly updating your account information for accuracy and completeness. You are solely responsible for maintaining the confidentiality and security of, and restricting access to, your account and password. You agree to accept full responsibility for all activities that occur under your account or password, including use of your account by any third party using your username and password. You must notify Alba in a timely manner of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft or unauthorized use or disclosure of your username or password. Alba is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Alba will not be responsible for any loss to you that arise from such use or action or from your failure to comply with these provisions.

ORDER ACCEPTANCE; PAYMENT

Alba will only accept orders for shipment to addresses within the United States (provided that Alba will not be in violation of these Terms of Use if it accepts an order for shipment outside of the United States). Terms of payment shall be determined in Alba’s discretion and as otherwise agreed to in writing by Alba. Payment shall be made by a U.S.-issued credit/debit card or some other pre-arranged method of payment acceptable to Alba. Your receipt of an electronic or other form of order confirmation does not signify Alba’s acceptance of your order, nor does it constitute confirmation of the order or Alba’s offer to sell. Alba reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and Alba shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. Alba may require, at Alba’s option, that any order placed over a certain dollar amount receive Alba’s pre-approval. Alba may also require additional verification or information before accepting any order. An order is deemed accepted upon Alba’s shipment of the products ordered, and Alba will charge your credit/debit card upon such shipment.

ORDER CANCELLATION

Once an order has been placed, it cannot be cancelled. However, you may refuse delivery of your order upon receipt or return your order in accordance with our Return Policy.

SHIPPING AND HANDLING; SALES AND OTHER TAXES

Unless otherwise noted, shipping and handling fees will be charged separately. Sales, use, and similar taxes shall be charged to you by Alba, as required by law.

COMPLIANCE WITH RETURN POLICY

In connection with returns of products purchased or rented at this website, you agree to comply with and be bound by Alba’s Return Policy, which is incorporated herein by reference and made part of these Terms of Use. Alba reserves the right not to process any return that does not comply with our Return Policy.

REFUNDS

Certain sales of products on this website may be eligible for full or partial refunds. For more information, please refer to our Return Policy.

PRODUCT AVAILABILITY

Although availability may be indicated on this website, Alba cannot guarantee product availability and products may not be available for immediate delivery. Alba reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, Alba may, at its discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products.

INACCURACIES; TYPOGRAPHICAL ERRORS

Alba attempts to be accurate. However, Alba does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by Alba is not as described, your sole remedy is to return it in accordance with our Return Policy. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Alba’s suppliers, Alba shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the transaction and your order is cancelled, Alba shall issue a credit to your credit/debit card account for the amount of the charge.

TITLE AND RISK OF LOSS

Title to any ordered products will pass to you upon your physical receipt of such products, except that title to any software included with the products will remain with the applicable licensor(s). Alba will be responsible for any risk of loss or damage to the product that occurs prior to your receipt of the products.

A complete statement of Alba’s current privacy policy (the ‘Privacy Policy’) can be found by clicking here. You acknowledge that you have read and understand the Privacy Policy.

PROPRIETARY INTERESTS

You have no rights in or relating to this website or any content, data, software, features or services provided on it (collectively, “Alba Site Content”). Except as provided below with respect to Alba Software or as Alba otherwise expressly provides on this website, you may not use, copy, distribute, create derivative works based upon or publicly perform or display any Alba Site Content. If you rightfully download any software from this website, such software, including all files and images contained in or generated by the software, and all accompanying data (collectively, “Alba Software”) are licensed to you under the applicable end user license agreement with respect to such Alba Software or, if such Alba Site Software is not accompanied by or otherwise subject to a separate end user license agreement, then Alba hereby grants you a nonexclusive, revocable limited license to the Alba Software for your personal, noncommercial, home use only. Alba does not transfer either the title or the intellectual property rights to the Alba Software, and Alba retains full and complete title to the Alba Software as well as all intellectual property rights therein and all copies thereof. You may not sell, redistribute, reproduce, create derivative works based upon, or publicly perform or display the Alba Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Alba Software to a human-perceivable form or otherwise reverse engineer the Alba Software. All software that is not Alba Software (including, but not limited to, preloaded software included in any device that you purchase or rent at this website) is provided subject to the software’s user license agreement, and you acknowledge and agree that you are bound by such agreement.

Certain of the trademarks, logos and service marks displayed on this website, including, but not limited to, ALBA, ALBA HEALTHCARE, ALBA HEALTHCARE (and Design), ALBADIRECT and ALBAALERT (collectively, the “Alba Trademarks”), are trademarks of Alba Healthcare Group Inc. All other trademarks, product names, company names and logos not owned by Alba Healthcare Group Inc. that appear on this website (“Third Party Trademarks”) are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Alba Trademarks or Third Party Trademarks displayed on this website. You are prohibited from using any of the Alba Trademarks as meta tags without Alba’s prior written consent. Use of the Alba Trademarks or Third Party Trademarks, or any other content on this website, except as provided in these Terms of Use, is strictly prohibited. You may not copy, publish, modify, disseminate or use this website or its contents for any purpose other than to obtain information about or purchase or rent products from Alba or its affiliates, and your right to visit this website is at all times subject to revocation by Alba. You are prohibited from framing this website or using frames or framing techniques or technology to enclose any content included on this website without Alba’s prior written consent. When accessing this website, you agree to obey the law and to respect the intellectual property rights of others. Your use of this website is at all times governed by and subject to laws regarding trademark and copyright ownership and use of intellectual property.

If you believe any content on this website infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Alba’s designated agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Alba to locate the material; (d) information reasonably sufficient to permit Alba to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the agent designated by Alba to receive and act on copyright violations under the DMCA, as follows:

DMCA Notices, Alba Healthcare Attention: Legal Department 26220 Enterprise Court Lake Forest, CA 92630 (949) 587-0096 (fax) [email protected]

If you believe that any material that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to Alba’s designated agent (see 17 U.S.C. Section 512(g)(3) for further detail): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Alba may be found, and that you will accept service of process from the person who provided notification under these Terms or Use (that is, the person who alleged that your material infringed any copyright) or an agent of such person.

Alba’s policy is to suspend or terminate the account, or the right to access or use this website or any part of this website, of any person who posts infringing material on this website or who provides any fraudulent or inaccurate take-down notice or counter-notice under the DMCA. However, Alba has no obligation to do so.

USER COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Users of this website may be permitted to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content or communication. Alba reserves the right (but not the obligation) to monitor and edit or remove any activity or content, but does not regularly review posted content. If you do post content or submit material, and unless Alba indicates otherwise, you grant Alba a nonexclusive, royalty-free, perpetual and irrevocable right to create derivative works based upon and to use, reproduce, modify, adapt, publish, translate, distribute, and display such content or material or any derivative works based thereon throughout the world by any means and in any media. You grant Alba the right (but not the obligation) to use the name that you submit in connection with such content, and you waive any right and agree not to assert that any such use infringes or violates your right of privacy, right of publicity or other right. You represent and warrant that you own or otherwise control all of the rights to the content and materials that you post; that the content and materials are accurate; that use of the content and materials you supply does not violate this policy or infringe any copyright or other right of any third party and will not cause injury to any person or entity; and that you will indemnify Alba and hold it harmless with respect to all claims, actions, costs, expenses (including reasonable attorneys’ fees), loss or damage resulting from content or materials you supply. Alba takes no responsibility and assumes no liability for any content or materials posted by you or any third party.

SITE AVAILABILITY AND SECURITY

At any time and from time to time, all or any portion of this website may not be available or may not function properly. This website may have and may cause technological problems for any reason, including viruses and other malicious or damaging computer programs. Alba disclaims liability for any interception of data or communications. Alba does not guarantee the security of this website. Alba is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this website or for any defects, delays or errors in or resulting from your use of this website.

ELECTRONIC COMMUNICATIONS

When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONSENTS, CHANGES, AND APPLICABLE LAW

Alba reserves the right to modify or alter this website and its contents and the policies and conditions that govern the use of this website, including these Terms of Use, at any time. Please review this website and these Terms of Use periodically for any modifications, alterations, or changes. If you visit or otherwise use this website after we change these Terms of Use, the changed Terms of Use will be binding and effective as between Alba and you. However, such changes will not be effective retroactively – that is, with respect to activities before we posted the changes – except to the extent that the changes expressly state otherwise. If you do not visit or use this website after any such change, or if you visit this website just enough to learn of such change and then refrain from any further visit to or use of this website, the changes will not be effective as between Alba and you. Notwithstanding the foregoing, changes required by, or implemented in response to any change in, applicable laws, ordinances or regulations will be effective whether or not you visit this website.

These Terms of Use will be construed and enforced in accordance with the laws of the State of California applicable to contracts entered into and performed in California by residents of California. Any action or proceeding between you and Alba or any of its affiliates arising out of or in connection with these Terms of Use or this website or any products or services that you purchase or rent at this website shall be brought only in a federal or state court located in Orange County, California, and you hereby irrevocably consent and submit to venue in and the personal jurisdiction of such courts for the purposes of litigating any such action.

INTERSTATE NATURE OF COMMUNICATIONS ON WEBSITE

When you use this website, you acknowledge that in using this website to send electronic communications (including but not limited to email, search queries and other Internet activities), you will be causing communications to be sent through computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of this website’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the service results in interstate data transmissions which may transit through the State of California.

INTERNATIONAL USERS

We control this website from our offices within the United States for use only for sales and deliveries within the United States. We make no representation that the content on this website is appropriate or that access to such content is lawful in all jurisdictions. Those who access this website from outside of the United States are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting this website and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States, and you waive any rights to control or maintain the integrity of such data afforded by national laws or international treaties. You agree not to provide data at this website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject.

AFFILIATED AND THIRD PARTY SITES

Alba has no obligations or liabilities relating to any third party websites or materials. If you access any third party website through this website or otherwise, you do so at your own risk, even if you use a hyperlink that Alba supplies or otherwise learn of the website from Alba or through this website. Alba works with a number of partners and affiliates to whose Internet sites this website hyperlink. Hyperlinks to or from this website are for the user’s convenience only. Alba’s inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not, and should be construed to, mean that Alba endorses or sponsors or is affiliated with that Internet site. Alba makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party Internet sites, including any partner or affiliate Internet sites, and Alba assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. Similarly, from time to time in connection with your use of this website, you may have access to content or materials that are owned or supplied by third parties. You acknowledge and agree that Alba makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content or materials.

MONITORING AND REPORTING

Alba may monitor and, subject to its Privacy Policy, record activity on this website for any reason or for no reason and may investigate any complaint or reported violation of Alba’s policies. Alba may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate and may issue warnings, suspend or terminate use of this website, deny access to all or part of this website or take other action that it deems appropriate.

INDEMNITY

You will indemnify Alba and its affiliates, officers, directors, employees, consultants, agents, and representatives and hold them harmless from any and all claims, actions, losses, liability, demand, damages, and/or costs or expenses (including reasonable attorneys’ fees and costs) arising from your violation of these Terms of Use. Any act by anyone accessing this website using your account or your username or password will be deemed to be an act by you for purposes of this paragraph. Alba will notify you promptly of any such claim, action, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending against the same.

CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS This website may contain estimates, projections or other statements that are forward-looking in nature (“Forward-Looking Statements”). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. Alba undertakes no obligation to publicly update or revise any Forward-Looking Statements.

SUSPENSION OR TERMINATION OF USAGE Alba may suspend or terminate your account, without notice, and refuse any and all current and future use of this website, if (a) you provide any information that is untrue, inaccurate or incomplete, or Alba has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; or (b) if you engage in, or Alba has reasonable grounds to believe that you have engaged in, any conduct that Alba believes is disruptive to this website or is in violation of any applicable law or these Terms of Use.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ASSIGNMENT

You shall not transfer or assign any rights or licenses granted to you pursuant to these Terms of Use, and any purported assignment or other transfer in violation of this paragraph will be null and void and of no force or effect.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

ENTIRE AGREEMENT

You agree that these Terms of Use, Alba’s HIPAA Notice of Privacy Practices, and the other documents referenced herein (including the Privacy Policy and our Return Policy), constitute the entire agreement between you and Alba with respect to use of this website. You also may be subject to additional terms and conditions that may apply when you use or purchase or rent certain affiliate or other third party services, products, content, or software.

DISCLAIMER AND LIMITATION OF LIABILITY

ALBA MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED HEREIN. THIS WEBSITE, INCLUDING ALL INFORMATION CONTAINED HEREIN, AND ALL SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS CONTAINED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”WITHOUT ANY GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT OF ANY WRITTEN WARRANTY THAT ALBA PROVIDES TO YOU WITH RESPECT TO ANY PRODUCT OR SERVICE THAT YOU PURCHASE OR RENT AT THIS WEBSITE. EXCEPT WITH RESPECT TO SUCH WRITTEN WARRANTIES, ALBA HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE AND ITS CONTENTS, OPERATION AND SECURITY AND THE INFORMATION, SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS PROVIDED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ALBA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS SITE; THE SERVER ON WHICH THIS WEBSITE IS LOCATED; OR EMAIL SENT FROM ALBA ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IF FOR ANY REASON YOU DO RECEIVE ANY WARRANTY FROM ALBA REGARDING ANY PRODUCT THAT YOU PURCHASE OR RENT AT THIS WEBSITE, YOU SHALL PROMPTLY REPORT ANY BREACH OF THAT WARRANTY TO ALBA. IF YOU REPORT THE BREACH DURING THE APPLICABLE WARRANTY PERIOD AND ALBA CONFIRMS THAT BREACH, ALBA WILL, AT ITS OPTION, EITHER REPAIR THE PRODUCT, REPLACE IT, OR ALLOW YOU TO RETURN IT FOR A FULL REFUND. YOU WILL PAY TO SHIP ANY PRODUCT TO ALBA IN CONNECTION WITH ANY BREACH OF WARRANTY CLAIM AND ALBA WILL PAY TO SHIP SUCH PRODUCT BACK TO YOU. THE REMEDIES IN THIS PARAGRAPH ARE ALBA’S ONLY LIABILITY OR OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH OF WARRANTY RELATING TO ANY PRODUCT THAT YOU PURCHASE OR RENT AT THIS WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THIS WEBSITE, EXCEPT DAMAGE AND LIABILITY RESULTING FROM ALBA’S NEGLIGENCE OR A DEFECT IN THE ITEM. ALBA’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM THAT RELATES TO ANY PRODUCTS OR SERVICES THAT YOU PURCHASE OR RENT AT THIS WEBSITE SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF OR RENTAL AMOUNTS PAID FOR, AS APPLICABLE, THE PRODUCTS OR SERVICES ORDERED BY YOU THAT ARE THE SUBJECT OF THE CLAIM.

IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL ALBA OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THIS WEBSITE, EVEN IF SUCH ENTITY HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THESE TERMS OF USE, THIS WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED OR RENTED AT THIS WEBSITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES WILL REMAIN FULLY VALID, EFFECTIVE, AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE.

FORCE MAJEURE

Alba shall not be liable for any failure to perform any of its obligations under these Terms of Use if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of Alba, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department or other entity or act of God. In such an event, Alba may elect to cancel your order and refund any payments made.

NO MEDICAL ADVICE

The information supplied through or on this website, or by any employee or agent of Alba, whether by telephone, email, letter, facsimile, or other form of communication, is for informational purposes only and does not constitute medical, legal or other professional advice. Health-related information provided through this website is not a substitute for medical advice and should not be used to diagnose or treat health problems or to prescribe any medication, medical devices, or other remedies. The information on this website may be presented in conclusory, shorthand, or summary form and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product. The receipt of any questions or feedback that you submit to Alba does not create a professional relationship and does not create any privacy interests other than those described in the Privacy Policy.
YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE AND CAREFULLY READ ALL PACKAGING AND OTHER INFORMATION PROVIDED BY THE MANUFACTURER OF ANY MEDICAL PRODUCTS OR DEVICES BEFORE USING THEM.

NOTICE TO MEDICARE BENEFICIARIES AND PATIENTS WITH OTHER INSURANCE COVERAGE SEEKING TO PLACE ORDERS THROUGH ALBADIRECT.COM

Medicare, insurance companies and other payors may not pay for many of the items offered for purchase through this website and you will have to pay for those items out of your own pocket. If you believe that an item on this website may be reimbursable through your insurance policy or coverage, please contact your insurance company, contact

your local Alba branch

or call us at (800) 277-4288.

Last updated Feb 06, 2014