AAMED Portal Terms and Conditions
Welcome to Arthur Andrew Medical's online portal, which is designed to provide a simple and easy to use dropship platform for Clients, Health Professionals and their Patients to Arthur Andrew's catalog of products.
Please read these Terms of Service carefully, as Your use of Our Services, including the Portal and our website, constitutes Your agreement to be bound by both these Terms of Service and the Privacy Statement.
Arthur Andrew Medical, Inc
8350 E Raintree Dr #101
Scottsdale, AZ 85260
Throughout this Agreement, We may use certain words or phrases, and it is important that You understand their meanings. For Your convenience, We have capitalized those words or phrases that are defined in this section. Please note that the headings contained in this Agreement are for reference only.
“Account” means either a Health Professional, Affiliate, Client or Patient Account, in both a buying and selling capacity.
“Affiliate” means any Client utilizing the Portal in any selling capacity.
“Cart Widget” refers to placing an AA Medical hosted shopping cart on a webpage owned by You.
“Coupons” refers to any discount code created by a Seller for their Client from within the Portal.
“Credit Card Information” means all information required of the User to process an online financial transaction using a credit card.
“AA Medical” means Arthur Andrew Medical, The Portal, Our Site, Our Service(s), or a combination of all or some of the foregoing definitions, depending on the context of the word.
“Governmental Authority” means any national, state, provincial, local or other government—or subpart, agency or unit thereof—with jurisdiction over the sale of Product by AA Medical under the terms of this Agreement, or any Services furnished or received in connection with such transactions.
“Health Professional” means a licensed (if required by Law) person who uses Our Services to enhance the care provided to Patients under his or her care. May additionally be referred to as “HP”.
“Intellectual Property Rights” means all intellectual property rights, including intellectual property rights comprising or relating to: (a) inventions and patents; (b) trademarks, service marks and logos; (c) internet domain names registered by any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software, code, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of these rights or forms of protection under the Laws of any jurisdiction throughout the world with respect to any of the foregoing, however arising in each case, whether registered or unregistered, and including all registrations and applications therefor, and renewals or extensions thereof.
“Law” means any statute, law, ordinance, regulation, rule, code, common law, governmental order, policy or other requirement or rule of law of any Governmental Authority.
“Offer Link” refers to any url created by a Seller within the Portal that directs Clients to buy the Products.
“Payment Processor” means a third-party company which processes payments on behalf of AA Medical for Afilliates.
“Patient” means a person who purchases Product(s) from a Health Professional.
“Portal” means AA Medical's proprietary platform through which AA Medical delivers Services.
“Products” means any items Purchased by Clients on the Portal.
“Product Listing” means the AA Medical catalog of products and any other brand listings that may become available through the Portal at the discretion of AA Medical.
“Protected Parties” has the meaning set forth in the section entitled “Indemnity and Limitation of Liability”.
“Sale Price” is the price that is charged by a Seller. A Seller, in its sole discretion determines this price, which can be set from MSRP and down to the amount of their break-even cost.
“Seller” refers to either an Affiliate or a Health Professional that utilizes the Portal to offer AA Medical's Products.
“Services” refers to the services that We provide or arrange for through Our Site, including Our Site itself, all services furnished to Health Professionals or Affiliates, and all services provided to Patients on behalf of Health Professionals, including order processing, payment collection and processing, shipping and tracking, website hosting, and any other support services provided for Patients on behalf of Health Professionals.
“Site” refers to Our website, www.arthurandrew.com and the Portal, portal.aamed.com. It may also refer to any features hosted by AA Medical that may be placed on external sites, such as the Cart Widget.
“User” refers to Patients, Health Professionals, Affiliates, and general visitors to AA Medical's Site.
“We”, “Us”, or “Our” refers to AA Medical.
“You” or “Your” refers to you, the individual User who is entering into this Agreement with AA Medical.
Accounts and Passwords
Certain features or services offered on the Portal or through the Site may require You to open an Account (including setting up a username and password).
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT. YOU AGREE TO NOTIFY AA MEDICAL IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD. YOU MAY NOT USE THE ACCOUNT, USERNAME OR PASSWORD OF ANY OTHER INDIVIDUAL OR COMPANY AT ANY TIME WITHOUT THE EXPRESS WRITTEN PERMISSION AND CONSENT OF THE HOLDER OF THE ACCOUNT, USERNAME OR PASSWORD. AA MEDICAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION AND YOU AGREE TO INDEMNIFY AA MEDICAL FROM ANY CLAIMS DAMAGES, LOSSES, AND/OR COSTS RESULTING FROM A BREACH OF YOUR OBLIGATIONS WITH RESPECT TO YOUR ACCOUNT AND ACCOUNT INFORMATION.
- Affiliate Seller Accounts. Affiliates and Health Professionals seeking to sell Products through the Portal are required to register for an Account. AA Medical requires Affiliates and Health Professionals to provide certain identification information and contact information to register for an Account, including legal name or legal business name, address, social security number (SSN) or tax identification number (TIN) (for tax purposes).
Account Purchases, Payments and Sales Tax (Direct to Patient)
All Sellers must first set up an approved Account to access the Portal. Products sold through the AA Medical Portal are quoted at Manufacturer's Minimum Advertised Price (MAP). Sellers have the ability to discount (including the use of Coupons) the Sale Price to no lower than the Seller's cost thru either an Offer Link or Regimen as noted below so as long as the offer still abides by AA Medical's MAP Policy. To set up and account and learn more about the MAP Policy, please visit here.
For all Sellers, AA Medical prices all products to You as a percentage off of MAP for products, handling, customer support, sales tax administration and payment processing services furnished by AA Medical to Your Clients on Your behalf. The balance is the remaining margin left to You. The allocation of AA Medical's fees relative to Your fee will be determined on an Account by Account basis, and possibly a Product-by-Product basis within an Account and shall be disclosed to You in Your User Account. AA Medical reserves the right to modify these allocations in its sole discretion from time to time in its sole discretion and all new Product orders after such changes will be subject to the new allocations. If AA Medical adjusts an allocation, they are not required to notify You, but would likely alert You of any adjustment via your preferred communication method within a reasonable timeframe.
We reserve the right to charge and collect for additional fees from the Client such as shipping, and restocking fees. The Portal, in partnership with the Payment Processor, will process payments by Patients and will distribute from the proceeds, AA Medical's fees, sales tax and shipping and handling fees, and the remaining proceeds will be distributed to the Seller on a monthly basis no later than the 15th day of the month, via check or electronic ACH (service provided by Bill.com, see Bill.com's terms and conditions here: https://www.bill.com/legal/terms-of-service) on a monthly basis for all paid orders as long as the proceeds exceed $50. For all Seller accounts with proceeds below $50, AA Medical will distribute the funds quarterly no later than on the 15th day of the start of the new quarter (example: April 15th for any orders placed Jan-Mar).
AA Medical maintains responsibility for the collection and remittance of retail sales taxes in areas in which AA Medical has achieved Nexus for Products sold through the AA Medical Site. Also note, any Affiliate receiving over $600 of proceeds from their use of the Portal in any calendar year will receive a 1099NEC statement by January 31st of the following year.
Most Affiliates will utilize the Portal to create an Offer Link or utilize the Cart Widget. Offer Links and Cart Widgets are always tracked to the User that created them, regardless of where or how the link was found by a Client. This allows AA Medical to properly trace any finished order to the proper Affiliate Account. Due to the wide-ranging reach of a potential Offer Link, Sellers/Affiliates agree to the following restrictions:
- Affiliates are not permitted to purchase, own or bid on any domain names with the word 'Arthur Andrew Medical', 'AA Medical', 'AA Med', or misspellings or variations of the same in the URL.
• Affiliates must not include AA Medical Brand Terms, or misspelt variations of the same, in the sub-domain of their own website's URL. For example, http://AAMED.affiliate.com.
• Affiliates may use correctly spelt AA Medical Brand Terms after the domain of their website's URL. For example, http://www.affiliate.com/AAMED
• Affiliates are not allowed to register the brand AA Medical or any variation of it on any social media platform. This includes and does not limit to brand + generic word or sentence as well generic word or sentence + brand. Any attempt to register such social media accounts will be a direct breach of this agreement.
• Affiliates must not post on any official AA Medical social media platform in order to attempt to drive visitors to their Offer Link or Personal Site.
• Direct linking to AA Medical websites from paid social media is prohibited without approval from AA Medical.
Any affiliates who do not abide by these rules risk having their allocations set to zero and possible suspension.
Social Content Creators
Please note that if You wish to use Offer Links within Your Instagram Stories and other social channels, You will need to use #ad or another reasonably concise and hard to miss disclosure to maintain FTC compliance. Find more information regarding the FTC's expectations for social media influencers and other advertisers here.
Regimens are only available to HPs since they include the ability to offer dosing and other potential health advice to a Client. AA Medical is not liable for HPs providing health advice outside of the scope of their licensing. It is understood that any dosing and other medical advice given by an HP to their Patient through the Portal does not imply AA Medical's consent or warranty to said advice or claims. Any communication made by an HP through the Portal to a Patient is strictly between the HP and their Patient and is not reviewed nor endorsed by AA Medical.
For Sellers with an existing site or planning to build a site designed to promote and bring in native traffic such as a blog, the Portal offers a Cart Widget, which allows the Seller to post an AA Medical hosted shopping cart on the site of their choice utilizing custom code from the Portal. The Cart Widget may be customized to offer any number of Products from within the Portal. The Seller agrees that any site used in conjunction with the Cart Widget is specific to the products being offered in the Cart, and does not make any warranties or representations that substantially differ from the information as found on the respective product's page as hosted on www.arthurandrew.com. AA Medical does not endorse, consent or warranty any information presented on a 3rd party site utilizing a Cart Widget other than product information that is provided directly by AA Medical or that is specifically agreed to in writing for use on said website.
Discount and Coupons
We encourage Sellers at their discretion to take advantage of the Portal's discounting features and Coupon creation incentives for their Clients. Coupons may be created up to the break-even margin for any Seller. Coupons created by a Seller are only redeemable on the Seller's own Offer Links, and may be revoked at AA Medical's discretion if they are found to be breaking AA Medical's MAP Policy. Sellers are able to discount AA Medical products to Clients, so as long as the discount or coupon is not advertised to the general public.
HPs are able to discount Regimens using the margin reduction slider tool within their user screen. These discounts are adjustable on a case by case basis, but will default to no discount if none is otherwise selected. The discount may not exceed the HPs break-even margin on any Regimen.
Catalogue and Product Descriptions
All features, specifications, Products and prices of Products described on the Site are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information regarding the Products or Our Service that is displayed by a seller on any 3rd party website. We reserve the right to make changes to information about price, description, or availability without notice.
AA Medical, Suppliers and Health Product Distributors each reserve the right to limit quantities of Products available for sale or sold as well as the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any Product ordered was incorrectly displayed on the Portal, We will provide the User that places the order with an opportunity to place an order at the correct price. AA Medical also reserves the right to refuse any order placed with Us.
Offer Links and Regimens of Products for sale on the Portal are invitations to Clients to purchase Products and are not offers to resell the products. A User's properly completed and submitted order constitutes such User's offer to purchase the Products referenced in the order. An order is deemed to be accepted only if the User that places the order receives a confirmation on the AA Medical Platform, or to such User's email address, indicating that the order has been processed.
The prices for Products are set out on the Portal and all other applicable amounts, charges and taxes are indicated when a Client makes a purchase. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately upon purchase confirmation using the credit card information on file for the Client placing the order.
Receipts for purchased Products will be delivered to the Patient or Practitioner, as applicable, via the Portal or the email address associated with the applicable User's Account.
Nature of Financial Accounts
The money held by AA Medical, in partnership with the Payment Processor, prior to distribution to a Seller, is not a deposit insured by the Federal Deposit Insurance Corporation, or any other entity. AA Medical is not licensed as a bank or other financial institution. You agree and acknowledge that AA Medical is not required to open a separate account for Your funds and may comingle funds to which You may be entitled in accounts with other funds. AA Medical shall attribute portions of comingled funds to You based on the records of transactions which AA Medical controls.
Orders under $60
Orders $60 or more
Your subtotal must be $60 or more after discounts and before additional shipping fees and taxes to qualify for free shipping. If eligible, the shipping fee is discounted automatically.
AA Medical makes every reasonable effort to ship same day for any orders placed on business days before 11:00am MST, but cannot always guarantee same-day shipping. Orders placed after business hours, on weekends and holidays will be processed the following business day.
Note: Orders will typically arrive within a delivery window of 4-7 business days, and usually sooner for orders being delivered in the western half of the continental US. If You or a Client needs a delivery by a specific date, even within the delivery window, please call our offices and speak with one of our customer service representatives (800-448-5015) to ensure that we can accommodate the request. Standard shipments to Alaska, Hawaii and Puerto Rico may take longer than the standard anticipated delivery window.
Shipments are processed as soon as possible. As a result, we're often unable to cancel orders once they've been submitted. If the order is able to be canceled prior to shipping, we will do so and confirm via your preferred method of communication.
If you need to return any products you have purchased from AA Medical, please call or email us and we will get the process started. The products must be unopened and purchased within the last 30 days.
Damages and incorrect products
If your package arrives damaged or includes product(s) you didn't order, save the original box along with the contents, and contact us immediately with your order number. We will remedy the situation as soon as possible.
Our Intellectual Property Rights
The Site contains copyrighted material, trademarks (including but not limited to the AA Medical trademark), service marks, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws.
AA Medical's Content is important because it distinguishes AA Medical from competitors and other websites in general, both to customers and to search engines. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, without receiving Our prior written permission. You further agree not to remove, alter or obscure any proprietary notice or legend of AA Medical, its suppliers or licensors.
Neither this Agreement nor Your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to You. We retain all of Our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
AA Medical permits Sellers to upload custom logos and make other modifications to Portal Accounts provided by AA Medical and created by Sellers through the Portal. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to the Site, You agree that You are granting Us a non-exclusive, universal, perpetual, irrevocable, sub-licensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that You submit to the Site. You warrant to Us that You have the right to grant Us this right over such content, and You agree to indemnify, defend and hold Us harmless for any losses, damages, expenses, liabilities and costs (including, without limitation reasonable attorneys' fees and costs) resulting from a breach of this warranty pursuant to the Section entitled “Indemnity and Limitation of Liability” below.
Revocation of Consent
We may revoke Our consent for Your use of Our Content, or any other permission granted to You under this Agreement, at any time and in Our sole discretion. You agree that if We so request, You must take immediate action to remove any usage of Our Content that You may have engaged in, even if it would cause a loss to You.
Copyright & Trademark Infringement
We take copyright and trademark infringement very seriously. If You believe that another Seller has infringed on Your intellectual property rights in the United States, please notify Us immediately by sending full details to legal@AAMED.com When notifying Us of the alleged copyright infringement please provide Us with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.
If We in good faith believe material to infringe a copyright or otherwise violate any Intellectual Property Rights, We will remove or disable access to such material.
Disclaimer of All Warranties
ALL PRODUCTS AND SERVICES ARE PROVIDED BY AA MEDICAL AND PAYMENT PROCESSOR “AS IS,” AND WE HEREBY DISCLAIM ANY IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AA MEDICAL MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, CONTENT OR SERVICES, INCLUDING THOSE SERVICES PROVIDED BY THE PAYMENT PROCESSOR, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Indemnity and Limitation of Liability
You hereby agree to defend, indemnify, and hold AA Medical, along with its affiliates, subsidiaries, directors, officers, agents and employees (collectively, the “Protected Parties”), harmless for any and all damages, costs, claims, liabilities, losses, fees and expenses incurred by AA Medical or a third party arising from or related to AA Medical's provision of Services to You or on Your behalf, including but not limited to any breach of a representation or warranty of this Agreement or Your use of Our Site or Services. You agree that this duty to defend extends to requiring You to pay for Our reasonable attorneys' fees, court costs, expert witness fees and disbursements.
IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT AA MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT OF COMMISSIONS PAYABLE TO YOU FROM AA MEDICAL HEREUNDER DURING THE THREE (3) MONTHS PRECEDING THE FIRST CLAIM GIVING RISE TO A CAUSE OF ACTION HEREUNDER.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR ACCOUNT INFORMATION OR LOSS OF YOUR PRODUCT ORDER INFORMATION, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICES OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICES AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR (OR YOUR PATIENTS') ACCESS TO OR YOUR (OR YOUR PATIENTS') INABILITY TO ACCESS THE SERVICES, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
You agree that the Protected Parties are not responsible in any way for damages caused by third parties who may use Our Services or who provide Products or Services through the Site, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards You. Further, You agree that the Protected Parties are not responsible for any failure of a third party to comply with or fulfill any contractual obligation, including but not limited to any actions taken by a Payment Processor to place a hold on Your funds, any failure by a Payment Processor to direct payments to the correct destination or with respect to shipping or delivery, or any disruptions, scheduled or unscheduled, intentional or unintentional, of Our Site which may prevent access temporarily or permanently. We are not responsible for any fraud, malpractice, negligence, or other torts by any third party.
For jurisdictions that do not allow Us to limit Our liability: Notwithstanding any provision of these Terms, if Your jurisdiction has provisions specific to waiver or liability that conflict with the above then Our liability is limited to the smallest extent possible by Law. Specifically, We do not disclaim liability which is not lawful to exclude, either now or in the future.
The provisions of this Section are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against You on its own behalf.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. AS PART OF THIS AGREEMENT, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Data Privacy & Security
Our privacy & security practices, as outlined in Our Privacy Statement and this Agreement, covers only those activities that are subject to all applicable provisions of Canada and the United States of America federal, provincial, and state privacy laws. AA Medical's policy is to operate in compliance with the privacy legislation within each jurisdiction in which we operate.
Choice of Law and Forum of Dispute
If You are a resident of the United States of America: You agree that all actions or proceedings arising out of, in connection with, or otherwise concerning this Agreement shall be tried and litigated exclusively in the state or federal courts located in Arizona and shall be governed by the laws of the State of Arizona.
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, AA Medical shall have the sole right to elect which provision remains in force.
AA Medical reserves all rights afforded to Us under this Agreement as well as under the provisions of any applicable Laws. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable Laws shall not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination & Cancellation
We may terminate Your Account, access to the Site, or Our Services to You at Our discretion without explanation or prior notice, though We may, in Our sole discretion, provide a timely explanation. In the event that You have ordered Product from Us directly, Our liability for refunding You, if You have paid anything to Us, will be limited to the amount You paid for goods or services which have not yet been and will not be delivered, along with any unpaid margin balance.
Under no circumstances, including termination or cancellation of Our Services to You, will We be liable for any losses related to actions of other Users.
Third Party Payment Service Provider
You hereby consent to and authorize Us to delegate the authorizations and share the information You provide to Us with the Payment Processor(s) to the extent required to provide the Services to You.
Assignment of Rights
You may not assign Your rights and/or obligations under this Agreement to any other party without Our prior written consent. We may assign Our rights and/or obligations under this Agreement to any other party at Our discretion.
Updates to this Agreement
We may update the terms of this Agreement from time to time. If We modify Our Terms of Service, We will post the revised version here, with an updated revision date. You agree to visit these pages periodically to be aware of and review any such revisions.
If We make material changes to Our Terms of Service, We may also notify You by other means prior to the changes taking effect, such as by posting a notice on Our websites or sending You a notification. By continuing to use Our Site after such revisions are in effect, You accept and agree to the revisions and to abide by them.
The Terms of Service were revised and posted as of January 19th, 2022.