SuiteMedMD. Terms and Conditions of Sale

(Applies to all purchases from SuiteMedMD and / or AIM  Services, Inc.)

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold by SuiteMedMD and / or AIM . By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify SuiteMedMD and / or AIM  and return your purchase pursuant to  SuiteMedMD and / or AIM  's Return Policy.

1. Other Documents.  This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and SuiteMedMD and / or AIM.
2. Payment Terms; Orders; Quotes; Interest.  Terms of payment are within SutieMedMD and / or AIM 's sole discretion, and unless otherwise agreed to by SutieMedMD and / or AIM , payment must be received by SutieMedMD and / or AIM  prior to SutieMedMD’s and / or AIM 's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by SutieMedMD and / or AIM . SutieMedMD and / or AIM  may invoice parts of an order separately. SutieMedMD and / or AIM  is not responsible for pricing, typographical, or other errors in any offer by SutieMedMD and / or AIM  and reserves the right to cancel any orders resulting from such errors.
3. Shipping Charges; Taxes; Title; Risk of Loss.  Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from SutieMedMD and / or AIM  to Customer on shipment. Loss or damage that occurs during transit is your responsibility. You must notify SutieMedMD and / or AIM  within 14 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide SutieMedMD and / or AIM  with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
4. Warranties.  YOUR SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER OR PUBLISHER (SUITEMEDMD AND / OR AIM  IS NOT THE MANUFACTURER). SutieMedMD and / or AIM  MAKES NO EXPRESSED OR IMPLIED WARRANTIES. SutieMedMD and / or AIM  HEREBY DISCLSUITEMEDMD AND / OR AIM S ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.SUITEMEDMD AND / OR AIM  MAKES NO WARRANTIES FOR PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY THE ORIGINAL MANUFACTURER OR PUBLISHER, NOT BY SutieMedMD’s and / or AIM . ALL PRODUCTS AND/OR SERVICES PROVIDED BY SUITEMEDMD AND / OR AIM  AND ITS EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS."
5. Software. All sales of software and licenses are final.  All software is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s). SutieMedMD and / or AIM  and its suppliers do NOT warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume responsibility for selecting the Software to achieve your intended results and for the use and results obtained from the Software.
6. Return Policies; Exchanges.  SutieMedMD’S and / or AIM 's return policy can be found on back of or attached to this document and you agree to those terms. You must contact SutieMedMD and / or AIM  directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original unopened packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by SutieMedMD and / or AIM , SutieMedMD and / or AIM  is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At SutieMedMD’S and / or AIM 's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
7. Service and Support.  Service offerings may vary from Product to Product. In addition to these terms and conditions, SutieMedMD and / or AIM  and/or your third-party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. SutieMedMD and / or AIM  has no obligation to provide service or support until SutieMedMD and / or AIM  has received full payment for the service/support contract you may purchase separately. SutieMedMD and / or AIM  is not obligated to provide service or support for any products or services that you purchased through a third-party and not SutieMedMD and / or AIM . It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). SutieMedMD and / or AIM  and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by SutieMedMD and / or AIM  or your-third-party service provider. SutieMedMD and / or AIM  and/or your third-party service provider are not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to SutieMedMD and / or AIM  and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause SutieMedMD and / or AIM  to be liable for copyright infringement if those files were copied by SutieMedMD and / or AIM  and/or your third-party service provider.
8. Limitation of Liability.  SUITEMEDMD AND / OR AIM  DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SUITEMEDMD AND / OR AIM  WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLSUITEMEDMD AND / OR AIM  BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, SUITEMEDMD AND / OR AIM  IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE NET AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. 
9. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLSUITEMEDMD AND / OR AIM S) BETWEEN CUSTOMER AND SUITEMEDMD AND / OR AIM  arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, SUITEMEDMD AND / OR AIM 's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, COUNTY OF KERR  WITHOUT REGARD TO CONFLICTS OF LAW.