Terms of Service –
Acme Revival (Global)
We know these documents can be full of legal language and technicalities, therefore we’ve tried to make it simple– after all, we want you to read this!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF BY ELECTRONIC SUBMISSION, BY CLICKING “ACCEPTED AND AGREED,” OR BY CHECKING A BOX INDICATING YOU HAVE READ AND AGREED THESE TERMS OF SERVICE, OR BY PURCHASING AN ITEM, OR BY USING THE PLATFORM OR WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE. IF NON-ELECTRONIC SUBMISSION, BY INITIALING EACH PAGE AND SIGNING AT THE END, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Acme Revival (“Acme”) is owned and operated by Acme Revival, Inc. or “Acme Revival” doing business as (DBA) “Acme Revival” and provides sales of pre-owed and refurbished medical devices and clinical equipment, instrumentation and supplies to authorized users. Acme Revival’s sales and services include the products (the “Products”) and URLs (the “Site” https://acmerevival.com.com). Throughout this Agreement, Acme and Acme Revival, Inc. is referred to as “we” or “us.”
GENERAL TERMS AND CONDITIONS
The Web is an evolving medium. If we need to change the terms of this Agreement in the future, we will post the revised Terms and Conditions of Use through our Application or website and may notify you of these changes. You agree to review these Terms and Conditions of Use each time you use the Acme Application or Products so that you are aware of any modifications made to this Agreement. By continuing to access or use the Application after we post such changes, you agree to the terms of this Agreement, as modified.
Acme Revival offers remote support channels to customers for help with purchases, requests including return and warranty, and general troubleshooting. The following support channels may be utilized for customer support:
- Email: firstname.lastname@example.org
- Telephone: +1 (866) 938-8452
- Web Chat: https://acmerevival.com
If you attempt to contact us through an alternative channel, you may not receive a response.
Support channels are available Monday-Friday from 7:30am to 4:30pm (Pacific Time).
Acme reserves the right to discontinue support or refuse service to customers, potential customers, or other individuals whom exhibit aggressive, harassing, discriminatory, or other inappropriate behavior through our available support channels. Furthermore, Acme reserves the right to refuse service to anyone for any reason. In certain cases, Acme may protect the identity of its support agents or team members by using alias’, nicknames, or other filters in order to comply with privacy laws.
By purchasing products on acmerevival.com.com, or through other form of contact, you enter into a contract between yourself and Acme and agree to pay the listed purchase price plus any applicable fees.
Although not presented as a payment option on Acme’s checkout, certain organizations may opt to issue a Purchase Order to Acme Revival for purchase of equipment, supplies, or parts. Acme Revival only permits/accepts the use of purchase orders (and payment terms) from/by accredited Hospitals, Government Organizations, Schools (including private entities), Non-Profit Charities, and Government Contractors. These qualified organizations should contact Acme with the attached purchase order and any request for tax documentation (W9, etc…). Please note that Acme does not offer payment terms in excess of NET 30.
Acme does not accept money orders, cashier checks, bank transfer, or other forms of payment.
In the event you open an investigation, also referred to in this document as “Chargeback” or “Payment Dispute,” with the financing institution utilized when purchasing a product from Acme Revival, we may cease to provide further support, including warranty, repair, return, and general troubleshooting information until the investigation has concluded.
Acme Revival offers a 30-day limited warranty on all equipment and devices (excluding disposable supplies and parts) from the date of delivery unless otherwise specified. As an optional and additional add-on purchase, you may purchase extended warranty coverage which shall, upon date of purchase, immediately offer warranty protection for one-year or 360 days of coverage. In the event an unforeseen delay or backorder delays delivery of a purchased item by greater than 30 days from purchase, the extended warranty coverage period will commence on day of delivery. It does not cover:
(i) Installation, removal or disposal of the Covered Equipment, or the provision of equipment while the Covered Equipment is being serviced;
(ii) Damage caused by (a) a product that is not the Covered Equipment (b) accident, abuse, misuse, liquid contact, fire, earthquake or other external cause, (c) operating the Covered Equipment outside the permitted or intended uses described by the manufacturer, or (d) service (including upgrades and expansions) performed by anyone who is not a representative of Acme or a Acme Authorized Service Provider;
(iii) Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;
(iv) Covered Equipment that has been lost or stolen. This Plan only covers Covered Equipment that is returned to Acme in its entirety;
(v) Cosmetic damage to the Covered Equipment including but not limited to scratches, dents and broken plastic on ports;
(vi) Consumable parts, such as batteries, lightbulbs, or disposable accessories;
(vii) Preventative maintenance on the Covered Equipment; or
(viii) Defects caused by normal wear and tear or otherwise due to normal aging of the product.
At the sole discretion of Acme Revival, your device/equipment may be repaired, replaced, or refunded under valid warranty coverage. Depending on the condition of the instrument, it may need to be sent into one of Acme’s facilities for service and/or repair. In the event this is required, original packaging should be used during the return shipment.
Acme Revival offers a 30-day global return policy on all equipment and devices (excluding disposable supplies and parts) from the date of delivery unless otherwise specified on the individual product page. To return an item or an order in full, you must contact Acme’s support team to obtain a return ticket authorization number prior to returning any products. Orders returned without a proper ticket number will be returned to the sender (the Customer) without refund.
We will refund applicable items to the original payment method used when originally purchasing the item. If more than one payment method was utilized, we may refund payment to one or both of those methods.
Products returned in a condition other than the delivered, original condition, may be returned to sender (the Customer) and ineligible for a full or partial refund. We also may contact you with questions regarding your use of the product if the instrument is returned in a state deviating from its original condition. It is the responsibility of the customer to ensure proper packing and safe transit to a Acme facility.
International buyers may be required to pay for or compensate return shipping and/or transit, duties or other fees.
Acme tasks a third-party courier to deliver your order. Upon delivery, this courier may require a signature from someone over the age of 18 year of age; do not sign nor accept this shipment if: the container is severely damaged, the contents of the container are broken, defected, or otherwise harmed.
Although shipping damage is exceptionally rare, in the event damage arises from a mishandled shipment, contact Acme Support immediately with photographic evidence of said damage. Failure to do so may result in void of warranty and/or courier insurance claim.
INTELLECTUAL PROPERTY OWNERSHIP
Acme Revival, alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Acme Revival Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or Products. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Acme Revival Application or Products shall be owned solely and exclusively by Acme Revival, and/or, as applicable, Acme’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to Acme Revival any and all of your rights, title or interests in the Acme Revival’s Application or Products or any modification to or derivative work of the Application or Products. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Acme Revival Application. Using our Application and/or Products does not give you ownership of any intellectual property rights in our Application or the content your access. You may not use content from our Application unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Application or Products. Don’t remove, obscure, or alter any legal notices displayed in or along with our Application.
This Agreement does not constitute a sale of any rights of ownership in or related to the Application, or any intellectual property rights owned by Acme Revival or Acme Revival. Acme Revival and Acme Revival’s name, logo and the product names and logos associated with the Application and Products are trademarks of Acme Revival, Inc., its affiliated companies or third parties, and no right of license is granted to use them.
The materials on the Application are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Application for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
THE APPLICATION AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE APPLICATION IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
THE Acme Revival APPLICATION, AND ITS PRODUCTS ARE INTENDED FOR AUTHORIZED, LICENSED USERS ONLY INCLUDING: MEDICAL DOCTORS, MEDICAL PHYSICIANS, MEDICAL PRACTITIONERS, THEIR STAFF, THEIR CLINICS OR ENTITIES, THEIR THRID PARTIES, AND OTHER AFFILIATED MEMBERS OF THE PRIOR. Acme Revival MAY DECLINE SERVICE AND/OR SALE OF ANY PRODUCTS TO ANYONE.
We also do not warrant or guarantee that files that may be available for downloading through the Acme Application will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our third party providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application. Users of the Acme Application are responsible for maintaining a means external to the Application for the reconstruction of any lost data.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE APPLICATION OR PRODUCTS, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE APPLICATION (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM Acme TECHNICIANS THAT YOU CONNECT WITH VIA THE Acme APPLICATION). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE APPLICATION OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE Acme APPLICATION IS TO STOP USING IT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL Acme OR Acme Revival, INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE Acme APPLICATION OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE Acme APPLICATION, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF Acme FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF Acme Revival WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE Acme PRODUCTS OR APPLICATION.
You agree to indemnify and hold harmless Acme, Acme’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Acme Products or Applications, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed through the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by email to email@example.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Applications or Products; (3) your contact information, including your address, telephone number, and, if available, email address or other electronic address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on our website or through the Application.
WAIVER OF JURY TRIAL
THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all Disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims).
This Agreement, and the documents referenced in this Agreement, constitute the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Application. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflicts of law provisions contained therein.
This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Acme Application or its Products or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
Acme Revival (Global)