Ulta Medical Supply, LLC (“Ulta Medical,” “us,” “we” or “our”) provides its products (“Ulta Medial Products”) subject to the following Waiver and Limitation of Liability terms and limitations (“Terms”). If you do not agree to these Terms, you must not use the Ulta Medical Products.
YOU ACKNOWLEDGE THAT IF YOU OBTAIN ANY ULTA MEDICAL PRODUCT ON BEHALF OF ANY THIRD PARTY, YOU ARE LEGALLY AUTHORIZED TO BIND THAT THIRD PARTY TO THESE TERMS WITH YOUR SIGNATURE. ANY PERSON ADMINISTERING OR UTILIZING AN ULTA MEDICAL PRODUCT IS REFERRED TO AS “YOU” IN THESE TERMS.
You acknowledge that the Ulta Medical Products are intended to be administered by medical and dental professionals only, and should not be made available to non-medical or non-dental personnel to administer to other individuals. Additional training may be required for the proper use of certain medical equipment and supplies, and you are solely responsible for obtaining that training.
Ulta Medical Products contain medications provided in anticipation of first aid or emergency medical situations that might arise and are not intended to replace any medications that might be prescribed by an individual’s personal physician. The Ulta Medical Products are intended for use where direct access to professional medical care is not an option.
All medications, medical items and supplies are to be used under the direct supervision of qualified medical or dental professionals. Prescription medications must be administered in accordance with the product literature and all printed instructions. An individual should be fully informed regarding any complications and contra-indications that might arise as the result of the use of medications provided in the Ulta Medical Products, including any possible reactions with the use of any other medication. Use of any medication must be terminated upon the appearance of any side effect or adverse reaction.
Upon receipt of the Ulta Medical Product, you must promptly inspect the contents to ensure they conform to your order. Further, Ulta Medical may provide replacement or replenishment supplies to maintain the contents of Ulta Medical Products, and you are solely responsible for confirming those supplies are correct and undamaged. Ulta Medical’s sole liability for incorrect, defective, or expired items is to replace those items if Ulta Medical is informed of the issue in writing within ten (10) days after you receive your order. You are responsible for informing Ulta Medical if you use any item in the Ulta Medical Product or if any item has expired so that Ulta Medical may product replacement and replenishment supplier.
Ulta Medical is not responsible for, and waives all liability associated with, any items you or any third party adds to or removes from any Ulta Medical Product after receipt, including any additional items you add to a medical bag or items that are removed with or without your consent after you receive the bag.
If any Automated External Defibrillator (“AED”) device is included with any Ulta Medical Product, you acknowledge that you are solely responsible for the maintenance of that AED device, including its pads and batteries. Ulta Medical has no responsibility or liability for failure of the AED device.
You will indemnify and hold harmless Ulta Medical from any and all losses, liabilities, damages, demands, costs and expenses that we may incur, for any reason whatsoever, arising from or associated with your use of the Ulta Medical Product or any portion thereof.
EXCEPT AS LIMITED BE APPLICABLE LAW, Ulta Medical’s TOTAL LIABILITY RELATED TO ANY Ulta Medical PRODUCT OR ANY PORTION THEREOF WILL NOT EXCEED $100.
These Terms are governed by the laws of the State of Texas, USA. Exclusive jurisdiction for any dispute related to these Terms or the Ulta Medical Products is in the state and federal courts located in Dallas County, Texas.
You acknowledge that you have read these Terms and had the opportunity to discuss these Terms with your legal counsel. By your signature below, you acknowledge that you fully understand and agree to be legally bound by these Terms. Further, if you are receiving the Ulta Medical Product on behalf of a third party, you acknowledge that your signature below binds such third party to these Terms.