** Your use of the www.nicksdiscountmedical.com ("Company") website or ordering via the telephone using a Nick's Discount Medical Supply, LLC. representative is governed by the policies, terms, and conditions set forth below.By using this website, or placing your order via the telephone; you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this site and do not submit any information or orders over the telephone or using this website. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications (written or oral), agreements, purchase orders, or invoices, whether or not such terms or conditions are signed by Nick's Discount Medical Supply, LLC. Nick's Discount Medical Supply, LLC. reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.
** Nick's Discount Medical Supply, LLC. ("Company") website and board community (the "Site") are currently provided free-of-charge to users who agree to abide by the terms and conditions of this Agreement.Company reserves the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as Company sees fit without notice. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services.
** Users should check these terms and conditions periodically.By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
** Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
** By Placing an Order with Nick's Discount Medical Supply, LLC. via any order placement method, you agree to hold Quality Medical Supplies and Company harmless from any claims, liabilities and expenses, including attorney's fees and court costs.
Users - Participants
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
Trademarks, Copyrights and Restrictions
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Company or such third party that may own the trademark or copyright of information displayed on this Site.
This Site and all materials on the Site, including, but not limited to, images, product information, documents, forms, contracts, data arrangement, category arrangement & information, page arrangement, formatting, layouts, posts, reviews, video clips, sales information, company information (the "Materials") is the property of Company and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by the Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.dominioneq.com, or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may print one copy of an item with a maximum of four total prints per individual or company per year of the product information displayed on the website, provided that they are not used for any commercial purpose other than printing a copy of an item page to telephone in an order to our company alone, and may not be distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company. The infringing party will be held accountable for legal damages and the legal fees incurred by Company to collect those legal damages.
In addition: Nick's Discount Medical Supply, LLC., the Nick's Discount Medical Supply slogans "Quality of Life is Our Business " are also the property of Nick's Discount Medical Supply, LLC. All other manufacturer marks, names, and logos mentioned herein are the property of their respective owners.
All products and product logos on this site are registered or are generally registered trademarks of their respective manufacturers.
If an order is placed by a customer with the intent to reverse engineer or to obtain competitive information about Nick's Discount Medical Supply, LLC. and its affiliates, this will constitute a breach of our Copyright and Trademark Notice section within the Nick's Discount Medical Supply, LLC. terms and conditions. Nick's Discount Medical Supply, LLC. will pursue vigorous litigation, against the breeching or violating party; if a violation or breech occurs.
Typographical and Image Errors
In the event a product is listed at an incorrect price or contains an incorrect unit of measure due to a typographical error, entry error or error in pricing or unit of measure information received from our vendors, Nick's Discount Medical Supply, LLC. shall have the right to refuse or cancel any orders placed for said product(s). Although your credit card normally is not charged prior to shipping an order, if your credit card has already been charged for the purchase and the order is cancelled, Nick's Discount Medical Supply will immediately issue a credit to your credit card account in the amount of the incorrect price. If the incorrectly priced item(s) or incorrectly packaged item(s) were shipped and delivered to the customer; Nick's Discount Medical Supply will pick up the incorrectly shipped items at no charge to the customer, and credit the customer's credit card in full once the returned shipment is received. If a customer opens the incorrectly shipped item(s) packaging, the customer will be charged for the opened item(s) at the correct pricing for the item(s) opened by the customer. If a customer does not allow one of our shipping carriers to pick up and return the incorrect item(s), the customer will then be charged for the retained item(s) at the correct pricing. All items with incorrect descriptions or product names will only be accepted for return within 30 days of order placement. Please be aware that Nick's Discount Medical Supply, LLC. is not responsible for incorrect product images. Although we do attempt to make sure that every product image is correct and accurate, some images may be incorrect. Please make all purchasing decisions based upon the manufacturer product number and not based upon the product image. Nick's Discount Medical Supply will not be responsible for return shipment fees due to incorrect product images.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation signifies our acceptance of your order and constitutes confirmation our offer to sell. If it is found that the product is out of stock or if there is an error in the information that we have received, Nick's Discount Medical Supply reserves the right at any time after receipt of your order to contact you by email or phone in order to correct the error. In the even that neither method is successful, we will simply decline your order and transfer your funds back to you.
Nick's Discount Medical Supply charges the applicable sales tax for orders to be delivered to addresses within Virginia. The customer shall be responsible for all sales taxes to be paid on items shipped to Virginia.
Site Content and Information
Our website contains information, advice, text, and other materials that are provided for your convenience. You should be aware that the Information may contain errors, omissions, inaccuracies, or outdated information. Nick's Discount Medical Supply makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the website does not imply endorsement of that product or publication.
The Company is not responsible for the content of any sites that may be linked to or from www.dominioneq.com, or any bulletin board associated with the Company. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Company, and Company has no control over the content of that other web site. In addition, a link to any other web site does not imply that Company endorses or accepts any responsibility for the content or use of such other web site.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.
Product and Services Information
Most products (and some services) offered on the Site are available in our catalogs, however, prices and availability may vary. Prices shown on the Site apply to the products and services on the Site and may change at any time without notice.
We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an e-mail order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to specific individuals or specific re-sellers.
Nick's Discount Medical Supply will provide full refund credit for the following, provided the items are in the original unit of measure provided and are in new, un-used, and resaleable condition or for products not supplied in accordance with your order (The customer did not order the item number(s) that they received); or incorrectly ordered items by the customer that are in the above listed condition. Items that are subject to a 30 day defective item replacement warranty include: special order products, defective items, products obtained via discounted quote, discontinued products; products that have been personalized or customized; items supplied to the customer as an accommodation or a quote, including without limitation, third-party purchases; items not purchased from Nick's Discount Medical Supply; refrigerated or temperature-controlled products; products that are outdated, shelf-worn, or used and therefore unsuitable for return to stock and resale as new; reagents, diagnostics, or chemicals that have been opened; broken thermometers or any materials containing free mercury. (Note: Nick's Discount Medical Supply cannot arrange for the treatment or disposal of mercury.) Once the returned items are received at our return location, the customer will be credited for the purchase price of the returned items only if applicable, the shipping fee of $8.50 is non-refundable. Orders that were shipped via free shipping, orders over $100.00 are also subject to the $8.50 non-refundable shipping fee. Orders that are returned after 30 days will be returned to the sender and will be charged a $20 return shipping fee. Orders that are not in the original unit of measure provided and are in new, un-used, and resaleable condition will not be accepted for return credit and the customer will have to pay an $8.50 return shipping fee, if they wish to receive the products back. Otherwise they will be discarded as they cannot be resold. There is no 30-day Money Back return policy in effect for special request or discounted quote orders.
Notice and Take Down Procedures
If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Company's copyright agent (identified below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing materials so that Company can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Disclaimers and Indemnity
By using the Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The information contained in this Site is for general guidance on topics selected by Company. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that Company and various authors and publishers' providing such information are not engaged in, and that providing such information does not constitute the rendering of medical, legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for direct consultation with professional advisors.
THIS SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THEM OR QUALITY MEDICAL SUPPLIES Inc. (AND ITS AFFILIATED ENTITIES, TOGETHER "THE COMPANY") REPRESENTS OR ENDORSES THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE, AND NO WARRANTY THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site.
Limitation of Liability
NEITHER THE COMPANY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF COMPANY (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
WARRANTY: NICK'S DISCOUNT MEDICAL SUPPLY, LLC. PROVIDES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ON THE PRODUCTS IT SELLS TO CUSTOMER, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. NICK'S DISCOUNT MEDICAL SUPPLY, LLC. WILL, HOWEVER, PASS ALONG TO THE CUSTOMER ANY MANUFACTURERS’ WARRANTIES APPLICABLE TO PRODUCTS NOT MANUFACTURED BY QUALITY MEDICAL SUPPLIES INC.
LIMITATION OF REMEDIES: Customer's sole remedy, and NICK'S DISCOUNT MEDICAL SUPPLY, LLC.’s sole liability for non-conforming goods rejected as provided herein, shall be limited to replacement of the products or, at NICK'S DISCOUNT MEDICAL SUPPLY, LLC.’s option, refunding the portion of the price of such non-conforming products paid to NICK'S DISCOUNT MEDICAL SUPPLY LLC. In no event shall NICK'S DISCOUNT MEDICAL SUPPLY LLC.’s liability for claim, loss, costs of damages relating to any products shipped, stored, sold or delivered hereunder, exceed the purchase price therefore, nor shall NICK'S DISCOUNT MEDICAL SUPPLY LLC. be liable for any loss, charge or damages resulting from its inability to procure any products ordered by NICK'S DISCOUNT MEDICAL SUPPLY LLC. or for delays or failure to deliver products hereunder. IN NO EVENT SHALL NICK'S DISCOUNT MEDICAL SUPPLY LLC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, NOTWITHSTANDING ANY PROVISION OF A SUPPLEMENT OR OTHER DOCUMENTS, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHER FORM OF ACTION, EVEN IF QUALITY MEDICAL SUPPLIES INC. HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
All orders for purchases of products shall be subject to acceptance by NICK'S DISCOUNT MEDICAL SUPPLY LLC. and are a confirmation that the customer agrees to the terms herein. The terms and conditions stated herein shall apply to all product purchases and no other terms or conditions and no agreement or understanding, oral or written, purporting to modify these Terms and Conditions of Sale, whether contained in Customer’s purchase order or elsewhere, shall be binding on NICK'S DISCOUNT MEDICAL SUPPLY, LLC. unless made in writing and accepted in writing by NICK'S DISCOUNT MEDICAL SUPPLY LLC.
The Company may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement.
The Company operates the Site from its offices within the United States. Company makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
Comments, Complaints and Questions
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
Should you have any questions or complaints regarding violations of this Agreement, please contact us.